THE  LIBRARY*  1789 


Class.-EL.-ftA-L 
Book  j-iV5  uk»~ 


aP0  1—1123 


DUKE 

UNIVERSITY 

LIBRARY 


treasure  %oom 


A    M    E     R    I    C    A's 
APPEAL 


T    O 


The    Impartial    WORLD, 

Wherein  the  RIGHTS  of  the  AMERICANS,  a* 
MEN,  BRITISH  SUBJECTS,  and  as  COLO- 
NISTS •,  theEfuity  of  the  Demand,  and  of  the  Man- 
ner in  which  it  is  made  upon  them  by  Great-Britain, 
are  ftated  and  confidered.  And, 

ThzOppofttion  made  by  the  Colonies  to  Acts  of  Parlia- 
ment, their  reibrting  to  ARMS  in  their  neceffary 
DEFENCE,  againft  the  Military  Armaments, 
employed  to  enforce  them,  vindicated. 


Wo  !  to  thee  that  fpoileji  <wben  thou  <waft  not  fpciUd ;  and  dealefi  ttca- 
cheroujly,  and  they  dsa.it  not  treacheroufy  with  thee,  &c. 

Ifaiah  xxxiii. 

Mj  bowels,  my  bowels  !  I  am  pained  at  my  hearty  fny  heart  maketb  & 
noife  in  me  ;  /  cannot  bold  my  peace  becaufe  thou  bajl  heard,  Ob  my 
J%ul  !  the  found  of  the  trumpet  and  the  alarm  of  war, 

jcr.  iv. 

And  they  anftwered  the  King,  the  man  that  confumed  us  and  dsvifed  a- 
gainft  us,  that  ive  Jhould  be  dejfroyed from  remaining  in  any  of  the 
coajls  of  Ifrael,  let,  is'c,  2  Sam.  xxi. 


HARTFORD: 

Printed  by  Ebenizer  Watsoh,  17  J  $ 


A  572  A 


A    M    E     R     I    C    A'$ 

APPEAL 

TO       T    H    * 

IMPARTIAL    WORLD. 


MMM*M^T  a  time  when  wc  arc  called  up. 
XXKWK)j£  on  to  furrender  our  liberties,  our  re- 
MX  ^  ^H  iigion,  and  country  j  or  defend   them 

\  Xw^  wSS  ac  the  Point  ef  the  fworc^  ^g^inft  thofe, 
gSSSSS  that  were  our   friends,    our  brethren, 
;  lX»x^  and  allies,  (whofe  fwords,  and  our5,  till 
-*  lately  were  never  drawn  but  for  mutual  defence  •,  and  in 
\  pint  battalions,  cemented  in  love,  affinity,  and  valour, 
-  have  wrought  wonders,  vanquished  armies,  and  tri- 
umphed over  the  power  of  mighty    potentates)  no- 
rthing will  infpire  our   councils  with  unanimity,  our 
i  refolves  with  firmnefs,  and  render  the  exertions,  the 
L  noble  druggies  of  a  brave,  free   and  injured  people, 
>bold,  rapid  and  irrefiftable,  like  a  right  understanding 
^ of  the  neceflity  and  rectitude  of  the  defence,  we  are 
compelled  to  make,  in  this  unnatural  contention. 

To 


[       4       ] 

To  write  upon  a  fubjecT:,that  hath  been  fo  often  and 
ably  handkd— a  fubjefl  fo  important  in  its  nature,  fo 
ejtenfive  in  its  confequences,  in  which  the  fate  of 
America,  the  rights  and  liberties  of  millions,  nay- 
more^  of  mankind,  arc  involved  •,  and  to  trace  thofe 
rights  to  their  native  original  fource,  develope  the 
fountain  from  whence  derived  •,  define  their  nature 
end  immutability,  and  fhew  wherefore  the  arbitrary 
inftitutions  of  civil  government  (originally  ordained 
to  connect  the  ftrength  of  each,  for  the  fecurity  of 
all)  cannot  deftroy  or  alter  them,  requires  a  fund  of 
abilities  far  beyond  mine ;  yet,  to  attempt  k,  may 
ferve  to  awaken  and  ftimulate  fome  mafterly  pen,  to 
execute  a  talk  fo  arduous,  and  beneficial  to  the  world. 
And  mould  thefe  imperfect  confiderations,  on  a  fub- 
je6c  fo  important,  call  forth  the  prolific  fire  of  fome 
great  intuitive  genius,  to  lighten  upon  the  iubjec~t,on 
which  I  have  only  glimmered,  and  like  3.  fkilful  phy- 
fician,  comprehending  the  difeafe  and  the  remedy, 
point  out  the  one,  and  prefcribe  the  other,  or  fome 
mighty  deliverer,  while'  others  lop  here  and  there  a 
Scattered  branch,  with  unerring  aim,  to  give  a  blow 
at  the  root,  my  end  would  be  anfwered,  my  pains  com- 
penfated,  and  my  country  refcued  from  the  darknefs 
that  invelops,  and  from  the  mifery  and  flavery  that 
impend  it.  With  thefe  views,  the  following  pages 
are  humbly  dedicated  to  the  candour  and  patronage, 
of  the  impartial  world;  to  whom,  (under  God)  we 
make  our  appeal,  with  fervent  defires,  that  He,  who 
hath  the  hearts  of  King's  in  his  hands  fufp'ends  the 
fate  of  empires  on  his  nod,  and  whom,  even  angry, 
conflicting  elements  mftandy  obey,  would  hum  the 
rAvil  tumults,  ftill  and  difpel  the  thundering  tem- 
pefl^  that  darkens  and -difqutetsourhemifphere. 

*  I  SHALL 


[       5       ] 

I  shall  confider  the  fubjeclt  under  the  following 
divifions. 

I.  The  natural  rights  of  the  Americans,  consider- 
ed as  men. 

II.  The  rights  of  Americans  antecedent  to  any 
charters,  or  colony  conflitutions  under  the  crown. 

III.  Their  rights  fublequent  to  fuch  charters,  or 
colony  conftitutions. 

IV.  The  equity  of  the  demand  made  on  the  colo- 
nies, and  of  the  manner  in  which  it  is  made. 

Free  agency,  or  a  rational  cxiftence,with  its  powers 
and  faculties,  and  freedom  of  enjoying  and  exercifing 
them,  is  the  gift  of  God  to  man.  The  right  of  the  do- 
nor, and  the  authenticity  of  the  donation,  are  both  in- 
contestable ;  hence  man  hath  an  abfolute  property  in, 
and  right  of  dominion  over  himfelf,  his  powers  and  fa- 
culties ;  with  felf-love  to  ilimulate,and  reafon  toguide 
Jiim,in  the  free  ufe  and  exercife  of  them,  independent 
of,  and  uncontrolable  by  any  but  him, who  created  and 
gave  them.  And  whatever  is  acquired  by  the  ufe, and 
-application  of  a  man's  faculties,  is  equally  the  proper- 
ty of  that  man,  as  the  faculties  by  which  the  acquisi- 
tions are  made  •,  and  that  which  is  abfolutely  the  pro- 
perty of  a  man,  he  cannot  be  dive  (led  of,  but  by  his  own 
voluntary  act,  or  conlent,  either  expreffed,  or  implied. 
•Expreflcd,by  actual  gift,  die,  or  exchange,  by  himfelf, 
or  his  lawful  kibftkute:— -implied,  as  where  a  man  en- 
ters into,  and  takes  the  benefits  of  a  government,  he 
implicitly  contents  to  be  fubject  to  it's  laws; 
ifo,  when  he  tranfgrefTes  the  laws,  there  is  an  im- 
plied confent  to  iubmit  to  it's  penalties. --And  from 
this  principle,  all  the  civil*  exoufiai,  or  rightful  au- 
thorities, 

*  Exouiia,  in  the  01  ^  u.;il,  which  is  translated  power,  figniiie* 
3.  rightful  authority  or  moral  power,  and  iiandi  oppefed  todu»a~ 
-jri'is,  a  natural  povvsror  might. 


t       6        | 

thorkies,  that  arc  ordained  of  God,  and  exift  in  the 
world,  are  derived  as  from  their  native  fource.  From 
whence  are  authorities,  dominions  and  powers  ?  from 
Godjthefovereign  ruler,as  the  fouma\n9tbrougb  tbevotie 
4ndconfent  of  the  people.  For  what  purpofe  are  they  e- 
reclcd  f  for  the  good  of  the  people.  Wherefore  the  fove* 
reign  ruler,  condefcends  to  cloath,  with  authority, 
the  man  who  by  the  general  voice,  is  exalted,  from 
among  the  people,  to  bear  rule  -,  and  to  pronounce 
him  his  mini&er  for  their  good.  Hence,  it  is  evident, 
that  man  hath  the  cleared  right,  by  the  moft  inde- 
feafible  title,  to  perfonal  fecurity,  liberty,and  private 
property.  And  whatever  is  a  man's  own,  he  liath, 
moft  clearly,  a  right  to  enjoy  and  defend  ;  to  repd 
force  by  force  •,  to  recover  what  is  injurioufly  pillaged 
or  plundered  from  him,  and  .tomakereafon able  repri- 
sals for  the  unjuft  yexation.*  And,  upon  this  priiv 
ciple,  an  offenfive  war  may  fometimes  be  juflifiable, 
viz.  when  it  is  necellary  for  prefervation  and  defence. 

II.  I  am  now  to  confider  the  rights  of  the  Ameri- 
cans, antecedent  to  any  charters  or  colony  conftituti- 
.ons  under  the  crown. 

When  our  anceftors  left  the  kingdom  of  England, 
ihey  were  fubjects  of  that  kingdom,  and  entitled  to 
jrig&aj  privileges  with  the  reft  of  its  fubjecls  ;  when 
ifcey  came  into  America,  where  no  civil  constitutions 
-weK-exifltng,  they  joined  thermal ves  to  nonei  the 
lands  which  they  entered  and  pofTefTed^hey  acquired 
hy    purchafe,    or  by  -conquefl     of  the    natives  : 

they 

"*"  '*  1  have  not  noticed  the  authority  of  parents  over  children,  it 
sjot  bfi'mg  to  the  argument;  but  remark,  that  the  Creator,  fore- 
£fcuag;tUe.:necrfiitv  of  civil  government,  arising  froin  the  'depra- 
vity of  human  nature.,  hath  wifely  formed  ourinfancy,  and  child. 
ihood*  feeble  and  dependent  on  the  protection,  and  -government 
of  parents,  thereby  preparing  us,  in  childhood,  for  dependence 
en,  and  fubjeftica  to  civil  government,  in  manhood. 


[     ?     3 

they  came  over  of  themfelves,  viz.  were  not  coloniet 
fent  out,  to  make  fettlements  by  government  •,  hot  ta 
mention  the  intolerable  opprerfions,  by  which  they 
were  driven  out,  crofTed  the  Atlantick,  and  availed 
themfelves  of  poffefTions,  at  their  own  rifque  and  ex- 
pence,  and  by  their  own  fword  and  pro  We  fs.  Now*, 
in  America,  they  were  dill  fubjects  of  the  kingdom 
of  England,  or  they  were  not  ♦,  if  the  former,  then 
they  were  entitled  to  enjoy,  in  America,  the  fame  or 
equal  privileges,  with  thole  enjoyed  by  the  fubjecta 
refiding  in  England— if  the  latter,  then  that  kingdom 
had  no  right  of  jurifdiction  over  them,  and  they  were 
in  a  (late  of  nature,  at  liberty  to  erect  fuch  a  confti- 
tution  of  civil  government  as  they  fhould  chufe. 
Upon  the  fuppofition  that  they  were  frill  fubjects  of 
that  kingdom,  let  us  confider  what  rights  and  pri- 
vileges they  were  entitled  to  enjoy  : 

ift.  In  regard  to  legiflation. 

2d.  Taxation.  And, 

3d.  The  mode  of  trial. 

By  nature,  every  man  (under  God)  is  his  own  le-» 
giflator,  judge,  and  avenger,  and  abiolute  lord  of  his 
property.  In  civil  government,  rightly  conftitutcd, 
every  one  retains  a  mare  in  the  legislative,  taxative, 
judicial,  and  the  vindictive  powers,  by  having  a  voice 
in  thefupreme  legiflature,  which  enacts  the  laws,  and 
impofes  the  taxes,  and  by  having  a  right,  in  all  cafes 
wherein  he  is  injured,to  refort  to,  and  demand  redrefs, 
in  a  courfe  of  law,  from  the  tribunal  of  the  public, 
and  the  fword  of  (late.  And  theEnglifh  nation,  ear- 
ly imprefled,  with  thefe  firft  great  principles  of  na- 
tures dictates,  erected  a  fyftem  of  civil  government, 
correfpondent  thereto  ;  inverted  the  parliament,, 
which  confifted  of  all  the  eftates,  that  compofed  the 

nation, 


[       8       J 

Nation,  in  epitome,  with   the  fupreme  fovereignty  or 
the  kingdom  •,  and  in  which,  each  eftate  made  a  part, 
and  had  a  fhare,  either  perfonally  or  by  actual  repre- 
fentation,  to  advife,  refolve,  confent,    or  diflent,  and 
in  which,  the  concurrence  of  all  three,  viz.  the  King, 
Lords  and  Commons,  was  necefiary,  to  every   act  of 
legiflation.     Thus  the  Englifh  government  was  con- 
flituted  upon  the  foundation  of  rcafon  -,  and   the  na- 
tural rights  of  the  fubjects,  inftead  of  being  given  up,* 
or  impaired,  were  confirmed,  improved  and  ftrength- 
cnedj-llthough   the   mode  of  exercifing   them  was 
altered:  Wherefore  it  is  a  maxim  intheEnglifh  laws^ 
that  to  an  act  of  parliament,  every  man,  in  judgment 
of  law  is  party.     The    Englifh.  conflitution,   like  o- 
ther  imitations  of  nature,  was  a  fyftem  of  confummate 
wifdom,  and  policy,  the  balance  of  power,  being  (6 
judicioufly  placed,  as  to   connect  the  force,   and   to 
preierve  the  rights  of  all ;  each   eftate,   armed  with  a 
power  of  fe If  defence,  againft  the  encroachments  of 
the  other  two,  by  being  enabled  to  put  a  negative  up- 
on any  or  all  of  their  refolves,  neither  the  King,  Lords 
or  Commons,  could  be  deprived  of  their    rights  or 
properties  but  by  their  own  confent  in  parliament,  and 
no  laws  could  be  made,  or  taxes  impofed,  but  fueh  as 
were  neceflary,and  in  the  judgment  of  the  three  eftaftes 
in  parliament,  for  the  common  good,  and  intereft  of 
the  realm.     Moft  juftly  then  did  a  celebrated  French 
writer,  treating  of  the  Englifhj  and  the  excellence  of 
their  conflitution,  fay,  that  England  could  never  lofc 
ks  freedom,  until  parliament  -loir  its  virtue.     The 
Englifh,  animated  with  the  Tpirit  of  freedom,  to  their 
immortal  honor,  anciently  claimed   thefe  privileges, 
as  their  unalienable  rights,and  anxious  to  preierve  and 

tranfmit 


C    9     ] 

tranfmit  them  unimpaired  to  pofterity  ;  caufed  them 
to  be  reduced  to  writing,  and  in  the  mod  folemn 
manner  to  be  recognized,  ratified  and  confirmed, 
firft  by  King  John,  then  by  his  fon  Henry  the  Hid. 
in  the  3d  and  37th  years  of  his  reign,  at  Weftminf- 
ter-Hall,  where  Magna  Charta  was  read  in  the  pre- 
fence  of  the  Nobility  and  Bifhops,  with  lighted  can- 
dles in  their  hands ;  the  King,  all  the  while  laying 
his  hand  on  his  bread,  at  laft,  folemnly  (wearing 
faithfully  and  inviolably  to  obferve  all  things  therein 
contained,  as  he  was  a  man,  a  chriftian,  a  folder 
and  a  King  ;  then  the  Bimops  extinguifhed  <1i£«can- 
dies  and  threw  them  on  the  ground,  and  everyone 
laid,  thus  let  him  be  extinguifhed  and  (link  in  hell, 
who  violates  this  charter  :  Upon  which  there  was  u- 
nivcrfal  feftivity  and  joy,  ringing  of  bells,  &c.  and 
again  by  Edward  the  ift.  in  the  25th  year  of  his 
reign,  by  the  ftatute  called  Confirmatio  Cartarum.  Af- 
terwards by  a  multitude  of  corroborating  a&s,  reck- 
oned in  all,  by  Lord  Cook,  to  be  thirty-two,  from 
Edw.  1  ft.  to  Hen.  4th.  and  fi nee,  in  a  great  variety 
of  inftances,  by  the  bills  of  right  and  a£ts  of  fettie- 
ment ;  whereby  Magna  Charta,  that  great  charter  of 
liberties,  hath  "been  eftablifhed  as  the  ftandard  of 
right  throughout  the  realm,  and  alljudgmenrs  con- 
trary thereto  declared  void;  it  was  ordered  to  be  read 
twice  a  year  in  all  the  cathedral  churches,  and  fen- 
tence  of  excommunication  to  be  denounced  agaffift 
all,  who  by  word  or  deed,  acted  contrary  to,  or  in- 
fringed it. 

2d.   With  regard  to  Taxation. 
As  the  rights  of  private  property  are  facred,    and 
no  one  can  be  diverted  thereof  without  his  free  con~ 
fen-t :   The  Englifli  cdhftitution,  in  this  alfo  religi- 

B  oufly- 


E    »   ] 

« 

^uQy  follows  the  dictates  of  reafon  :  No  fubjedt  of 
England  can  be  conftrained  to  pay  any  aids  ortaxesr 
even  for  the  defence  of  the  realm,  or  the  fupport  of 
government,  but  fuch  as  are  impofed  by  his  own  con- 
fent,  or  that  of  his  reprefentative  in  parliament.  By 
the  flat.  25  Edw.  lit.  c.  5  and  6,  it  is  provided,  that 
the  King  mall  not  take  any  aids  or  taxes*  but  by  the 
common  afientof  the  realm  :  And  what  that  com- 
mon aiTent  is,  is  more  fully  explained,  by  the  34th  of 
Edw.  id.  flat.  4,  c.  1,  which  enacts,  that  no  talliage 
or  aid  fhall  be  taken,  without  affcnt  of  Archbifhops, 
Bifhops,  Earls,  Barons,  Knights,  BurgefTes,  and 
other  freemen  of  the  land  5  and  by  the  14th  Edw.  3. 
flat.  2.  it  is  provided,  that  the  Prelates,  Earls,  Barons, 
Commons,  and  Citizens,  BurgefTes  and  Merchants, 
fhall  not  be  charged  to  make  any  aid,  if  it  be  not  by 
the  common  affcnt  of  the  great  men,  and  Commons 
in  Parliament :  And  as  this  fundamental  principle 
had  been  fharnefully  violated  by  fucceeding  Princes, 
it  was  made  an  article  in  the  petition  of  right,  third 
of  King  Cha.  I.  that  no  man  fhall  be  compelled  to 
yield  any  gift,  loan,  or  benevolence,  tax,  or  any 
iuch  charge,  without  common  confent,  by  act  of 
Parliament;  and  again  by  the  ift  of  William  and 
Mary,  ftat.  2,  it  is  declared,  that  levying  money  for, 
-or  to  the  ufe  of  the  crown,  by  pretence  of  preroga- 
tive,, without  grant  of  parliament,  or  for  longer 
time,  or  in  other  manner,  then  the  fame  is  or  mail 
be  granted,  is  illegal  •,  and  that  the  fubjects  do  claim, 
demand,  and  infift  upon  all  and  fingular  the  premis- 
es, as  their  antient  undoubted  rights  and  liberties, 
Laftly,  thefe  rights  and  liberties  were  afTerted  and 
confirmed,  in  the  acl:  of  fettlement  which  limited  the 
crown,  to  the  illuftrious  houfe  of  his  prefent  Majef- 


[    *    3 

<ty,  in  the  beginning  of  this  eentury.  Talliagcfrom 
the  French  taille  to  cut,  fignifies  a  part  cut  or  carw 
ed  out  of  the  whole  eftate,  and  in  a  law  ienfe  in- 
cludes all  fubfidies,  taxes,  impofitions,  and  duties 
whatsoever,  none  of  which  might  be  taken  without 
common  confent  in  parliament.  Hence,  it  is  the  an- 
tient  and  unalienable  right  of  the  Houfe  of  Com- 
mons, to  originate  all  money  bills,  they  being  the 
free  donations  of  the  people,  and  not  the  exactions 
of  the  Prince;  upon  the  principle  that  civil  govern^ 
ment  is  conftituted  for  the  good  of  the  people,  and 
not  the  people  for  government :  And  there  is  no  dif- 
ference in  the  reafon  and  nature  of  the  thing,  between 
the  King's  levying  money  in  England  without 
confent  of  parliament,  and  the  parliamant's  levying 
money  in  America  without  the  confent  of  the  Ame- 
ricans. 

3d.     In  regard  to  the  Mode  gf  Trial. 

As  it  is  not  the  laws  merely,  that  are  made,  con- 
ftdered  in  themfelves,  but  the  conftruclion  and  {cn(c 
put  upon  them,  by  the  judges  and  triers,  that  falls 
upon  the  fubject  and  affects  him  in  his  perlon  and 
property  ;  it  was  'neceffary  that  the  ccnilitution 
mould  guard  the  rights  of  the  fubjecl,  in  the  execu- 
tive as  well  as  the  legiflative  part  of  government  : 
And  no  mode  of  trial  would  fo  effectually  do  this, 
"be  fo  unexceptionable,  by  reafon  of  their  equality, 
and  the  impartial  manner  in  which  they  are  taken 
and  impanelled  ;  fo  advantageous,  on  account  of 
their  knowledge  of  the  parties,  the  credibility  of  the 
witnefTes,  and  what  weight  ought  to  be  given  to  their 
teftimony,  as  that  by  our  peers,  a  jury  of  the  vici- 
nity :  For  very  good  and  wholfome  laws  may  be  per* 
nicioufly  executed.     Wherefore  it  is  expreflyprovid- 

ed 


[       12       ] 

ed  and  ordained,  in  the  Great  Charter,  chap.  29, 
"  That  no  freeman  fhall  be  taken  or  diffeifed  of  his 
"  freehold,  or  liberties,  or  free  cuftoms,  or  beout- 
<c  lawed,  or  exiled,  or  any  otherwife  deftroyed-,  and 
4i  we  will  not  pafs  fentence  upon  him,  nor  condemn 
«<  him,  but  by  lawful  judgment  of  his  peers  -,  or  by 
<c  the  laws  of  the  land."  By  this  no  freeman  might 
be  molefted  in  his  perfon,  liberty  or  eftate,  but  ac- 
cording to  the  laws  of  the  land,  by  lawful  warrant, 
granted  by  lawful  authority,  expreffmg  the  caufe  for 
which,  the  time  when,  and  place  where  he  is  to  an- 
fwer  or  be  imprifoned,  with  the  terms  of  his  enlarge- 
ment ;  nor  have  fentence  parTed  upon  him  in  any 
cafe,  but  by  lawful  judgment  of  his  peers-,  who,  in 
the  inftance  of  giving  their  verdid,  do  unanimoufly 
declare  and  announce  the  law,  with  refped  to  them- 
felves,  in  like  circumftances.  It  is,  fays  Dr.  Black- 
it  one,  the  moft  tranfcendant  privilege  which  "  any 
M  fubjed  can  enjoy  or  wifh  for,  that  he  cannot  be 
"  afFeded  in  his  property,  his  liberty  or  perfon*  but 
*c  by  the  unanimous  confent  of  twelve  of  his  neigh- 
"  bours  and  equals :  And  when  a  celebrated  French 
*'  writer  concludes,  that  becaufe  Rome,  Sparta,  and 
<c  Carthage,  loft  their  liberties,  therefore  England 
*c  muft  in  time  lo.fe  theirs,  he  fhould  have  recolled- 
"  ed,  that  Rome,  Sparta,  and  Carthage  were  ftran- 
*c  gers  to  trial  by  jury  ;  and  that  it  is  a  duty  whish 
"  every  man  owes  to  his  country,  his  friends,  his 
*c  pofterity  and  himfelf,  to  maintain,  to  th«  utrpoft 
"  of  his  power,  this  valuable  conftitutiort  in  all  its 
<c  parts,  to  reftore  it  to  its  antient  dignity,  if  at  ail 
*'  impaired,  or  deviated  from  its  firft  inftitution, 
*c  &c.  and  above  all,  to  guard  with  the  moft  jca- 
J5  lous  circumfpedion,  againft  the  introdudion  of 

M  new 


[   $a  } 

*i  new  and  arbitrary  methods  of  trial,  which,  under 
M  a  variety  of  plaufible  pretences,  may  in  time,  im- 
"  perceptably  undermine  this  bell  prefcrvative  of 
"  Englifh  liberties."  Englifh  fubjects,  therefore, 
could  be  bound  by  no  laws,  be  liable  to  no  taxes,  but 
What  were  made  and  impoled  by  their  own  confenc ; 
nor  have  any  fentence  pafTed  upon  them  but  by  the 
judgment  of  their  equals.  Glorious  conftitution  ! 
worthy  to  be  engraved  in  capitals  of  gold,  on  pillars 
of  marble  ^  to  be  perpetuated  through  all  time,  a 
barrier,  to  circumfcribe  and  bound  the  reftlefs  ambi- 
tion ofafpiring  monarchs,  and  the  palladium  of  civil 
liberty  ;  efpecially,  when  in  addition  to  thefe,  we 
confider  the  Habeas  Corpus  act,  pafTed  in  3 1  Car. 
II.  that  ferond  Magna  Charta  and  ffo£le,  bulwark  of 
the  fubjtcts  liberties,  which  provides  a  remedy  for 
the  immediate  relief  of  fuch  as  are  unjuftly  impri- 
foned,  under  colour  of  law.  And  enacts,  that  no 
fubject  of  this  our  realm,  who  is  an  inhabitant  of 
England,  Wales,  or  Berwick,  (hall  be  fent  a  prifo- 
ner  to  Scotland,  Ireland,  Jerfcy,  Guernfey,  or  places 
beyond  the  feas,  and  all  fuch  imprifonments  are  de- 
clared illegal,  the  party  caufing  them  difabled  to 
bear  any  office,  ,incurs  the  penalty  of  a  premunire, 
becomes  incapable  of  the  King's  pardon,  and  alfo  is 
to  anfwer  damages  to  the  party  aggrieved.  "  Of 
"  great  importance,  fays  the  above  cited  author,  to 
•f  the  public,  is  the  prefervation  of  perlbnal  liberty, 
"  for  if  once  it  was  left  in  the  power  of  any,  the 
"  higheft  magiftrate,  to  imprifon  arbitrarily,  whom- 
"  foever  he  or  his  officers  thought  proper  (as  in 
"  France  is  daily  practifed  by  the  crown)  there 
"  would  foon  be  an  end  to  all  other  rights  and  im- 
"  mu-nities,"  How confiftent  with  thefcprinciples,  the 

prefent 


[  I*  J 

prcfent  mode  of  adminiflring  government  is,  the  im- 
partial world  may  judge,by  the  late  revenue  and  other 
acts  of  parliament,  relative  to  America,  directing  its 
inhabitants  to  be  imprifoned,  and  tranfported  beyond 
iea  for  trial ;  erecting  courts  of  admiralty,  and  other 
arbitrary  tribunals,  to  decide  in  matters  molt  inte- 
refting,  without  the  intervention  of  a  jury. 

Thefe  privileges,  important  and  ineftimable  as  they 
are,  everyfubjec"t  of  the  realm  ofEngland  hath  right  to 
porTefs  and  enjoy.  And  the  Americans,  antecedent  to 
their  charters,  &c.  if  they  were  ftill  fubjects  of  that 
realm,  had  right  to  have  and  enjoy  in  America. 
Now,  if  it  was  irnpoftible  for  the  Americans,  in 
their  fituation,  to  enjoy  the  rights  and  privileges 
of  the  Englifh  government,  it  follows,  that  they 
were  not  amenable  to  its  power,  nor  taxable  for  its 
Hippo rt  •,  nam  qui  fentit  onus^  fenfire  debet  commodum^ 
he  that  bears  the  burden  ought  to  enjoy  the  blefling, 
and  viceverfa.  Can  any  thing  be  more  abfurd,  than 
that  a  man  fhould  be  tied  to  a  government,  bound  to 
yield  fubje&ion,  and  contribute  fupport,  wherever 
he  is,  on  the  face  of  the  earth,  without  having  any 
part  or  voice  in  its  adminiftratioo,  or  power  to  enjoy 
its  immunities.  And  that  it  was  impoffible 
for  the  Americans  to  enjoy  the  privileges  of  the 
Englifh  government,  is  evident,  there  being  no  pro- 
vifion  in  the  conftitution  for  fummoning  mem-' 
bers  to  parliament  from  the  American  world  -,  and 
if  there  was,  the  local  diftance,  the  rifk  and  un- 
certainty of  croffing  the  atlantic,  the  difparity  be- 
tween the  two  countries,  in  refpect  of  fituation, 
numbers,  age,  abilities  and  other  circumftances, 
would  render  any  reprefentation  of  America  in  the 
parliament  of  England,  utterly   impracticable  and 

vain0 


[     *5    3 

vain.  So  that  our  anceftors,  in  America,  were  link- 
able to  exereife  and  enjoy  that  capital  right  of  all 
Englifh  fubjects,  viz.  the  having  a  voice  in  the 
fupreme  legiflature,  without  which,  as  the  caufa 
fme  qua  non,  the  parliament  of  England  could  not 
bind  them  in  any  refpect.  Hence  the  right  of  fub- 
jectfliip,  on  the  part  of  the  Americans,  and  of 
jurifdiction  over  them  by  parliament,  became  dor- 
mant, ineffectual  rights,  incapable  of  being  exer- 
cifed  ;  for  the  whole  ground  of  the  parliament's 
right  to  bind  the  Americans,  confifted  in  their  being 
fubjects  v  and  for  that  very  reafon,  if  they  were  fub- 
jects, the  parliament  could  have  no  right  to  bind 
them,  or  exereife  jurifdiction  over  them,  without 
their  confent. 

I  will  now  enquire,  whether  the  Americans,  an- 
tecedent to  their  charters,  &c.  are  to  he  confidered 
as  being  fubjects  of  the  kingdom  of  England,  or 
not. 

From  what  hath  been  already  faid,  it  is  evident, 
that  they  either  were  not  fubjects  of  that  kingdom, 
or  as  though  they  they  were  not :  But  this  will  be 
further  illuftrated,  by  confidering,  in  what  fubject- 
fhip  confifts  :  Compleat  fubjectfhip  *  confifts  in  be- 
ing under  allegiance  to  the  King,  inhabiting  territories 
within  the  kingdom,,  in.  having,  or  at  leaft  in  being 
capable  of  having  a  voice  in  the  fupreme  legiflature, 
and  enjoying,  or  in  being  able  to  enjoy  the  benefits 
and  immunities  of  the  government. 

Allegiance,  from  ligoy  to  bind,  is  the  bond  that 
connects  the  fubjects  with  their  fovereign,  and  their 
fovereign  with  them  :  Hence  the  King  is  called  thei£ 

^ .  1"# 

*  By  this  is  meant  oae  that  is  a  iubjeit  of  the  kingdom  as.  well 
as  of  the  King. 


C    16    1 

liege  Lord,  and  they  his  liege  fubjects ;  becaufe  he 
is  bound  to  protect  and  they  to  obey.     And  there 
are  three  kinds  of  allegiance,  natural,  acquired,  and 
local,  every  one  born  within  the  realm,  is  by  birth, 
inheritable  to  the  laws,  intitled  to  the  immunities  of 
the  government,  and  to  the  protection  ofthe'King; 
wherefore  his  aMegianee,  like  St.  Pauls,  is  ^natural : 
Every  alien  friend  that  comes  into  the .  realm,  who 
by  the  King's  letters  patent  is  made  a  denizen,  or 
by  act  of  parliament  is  naturalized,  hath  an  acquired 
.allegiance  \  every  alien   friend  that  comes  into  the 
realm  to  refide  for  a  time,  oweth  a  local  temporary 
allegiance,  during  his  refidencc  there.     And  the  ob- 
ligation to  obedience  in  all  thefe  cafes,  arifes  from  the 
reafon  and  fitnefs  of  things,  and  is  comprehensively 
expreffed  in  this  mort  law  maxim,  proteftio  trtihii-fub- 
jeMionem^  &  fubjeftio  prcteftionem^  protection  mutual- 
ly  entitles  to  fubject ion,  and  fubjection  to  protecti- 
on.    Hence  it  follows  (as  mankind  by  joining  to  fo- 
•ciety  do  not  mean,  nor  doth  allegiance  intend  to  con- 
'fine  them  perpetually  to  dwell  in  one  country)  that 
when  a  perfon,  under  a  natural,  acquired,  or  local 
"allegiance  removes  out  of  the  realm  to  fome  diftant 
climate,  goes  out  of  the  protection  of  the  'King, .  and 
lofes  all  benefit  of  the  -laws  and  government  of  the 
kingdom  -9  his  allegiance,  which  is  mutual  or  not  at 
all,  ceafeth,  for   cejfante  caufa  ceffet  efftfius^  the  caufe 
or  reafon  ceafing,  which  in  this  cafe  is  proteetipn  and 
the  benefits  of  government,  the  effect,  viz.  the  obli- 
gation of  obedience  alfo  ceafeth.  There  is  alfo  what  is 
*  called  a  legal  allegiance,  €x prcvificne  legis,  that  is  by 
pofitive  inftitution,  as  the  oath  of  allegiance  taken 
"by  the  fubjects,  wherein  they  fwear  to  bear  all  true 
and  faithful  allegiance  to  the  King  •,  which  is  a  coun- 
ter 


[    i7    ] 

ttt  part  to  the  King's  coronation  oath,  whereby  hfi 
fwears  to  protect  his  fubjects  in  all  their  juft  rights, 
to  abjure  popery,  and  maintain  the  proteftant  religi- 
on, to  govern  the  kingdom  and  adminifter  juftice 
according  to  the  laws  of  the  realm.  Both  which  are 
only  confirmations  of  the  mutual  obligations  rcfulting 
from  the  relation,  that  fubfifts  between  them  as  King 
and  fubjec~ts,and  do  attend  upon  and  follow  it,  in  its  ex- 
tent and  duration.     I  am  not  infenfible  that  it  is  a 
doctrine  of  antiquity,  patronized  by  many,  that  na- 
tural allegiance  is  univerfal  and  perpetual  ;  cannot 
be  loft  or  forfeited,  but  by  the  commifTion  of  crimes, 
&c.  but  notwithftanding,  I   beg  leave  to  fuggeft  a 
few  confederations  on  this   point.     The  place  of  a 
man's  birth,  in  refpeft  to  himfelf,  is  a  matter  of  ac- 
cident and  neceflity,  and  not  of  choice-,  and  is  amanfo 
bound  by  accident  and  neceflity,  as  to  the  place  of 
his  birth,  that  when  he  arrives  to  the  age  of  difcreti- 
on,    he  cannot  remove  into  another  kingdom    and 
country,  and  become  the  fubjecl  of  another  prince  ? 
Doth  not  the  obligation  of  iubjection  and  obedience 
to  parents,  ceafe  with  our  childhood  and  ftate  of  de- 
pendance,  although  that  of  refpect  and  reverence  e- 
ver  remains  ?  Should  the  King  of  "Great-Britain  vo- 
luntarily refign  his  crown,  or  abdicate  the  govern- 
ment, remove  and  refide  in  Italy,  or  enter  into  reli- 
gion, whereby  he  would  be  civilly  dead,  would  he, 
notwithftanding,  be  King,  dejure  &  defafto,  and  would 
the  fubj efts  be  under  obligation  of  allegiance  to  him, 
as  their  liege  Lord  ?  incapable  of  placing  another  on 
the  throne,  without  incurring  the  crime  of  treafon, 
or  being  involved  in  the  dilemma  of  owing  fubjection 
to  two  rightful  fovereigns,  at  one  time  ?  If  fo,  then 
he  that  is  once  King,  can  never  be  riivefted  of  royal 

C  authority, 


[     i8     ] 

authority,  the  -principles  of  the  revolution  are 
falfe ;  and  no  new  fubjects  can  ever  be  acquired, 
for  ali  are  born  under  allegiance  to  fome  prince  or 
Hate  j  where,  upon  thefe  principles,  they  muft  ever 
remain,  fixed  as  fate  •,  and  acquired  allegiance,  byacl: 
of  parliament  in  England,  is  all  a  farce. 

But  be  this  as  it  may,  yet  mould  a  number  of 
the  fubjecls  of  Great-Britain,  under  a  natural  alle- 
giance to  the  King,  by  his  licence  remove  voluntari- 
ly, or  by  accident  be  carried  to  fome  diftanr,  unci- 
vilized, or  uninhabited  country,  where  they  mould 
find  it  convenient  and  beneficial  to  fettle-,  would  they 
be  incapable  of  ere&ing  civil  government,  and  mak- 
ing laws,  for  the  well  ordering  of  their  affairs,  inde- 
pendent of  the  King  and  kingdom  ?  If  fo,  they  would 
jbe  of  all  men  moll  miferable,  and  their  boafted  fub- 
jectfhip  would  be  their  greateft  calamity,  becaufe 
they  have  the  rights  of  Britifh  fubjects,  they  are  ren- 
dered incapable  of  enjoying  the  rights  of  men.  Up- 
on this  contracted  principle,  no  new  countries  could 
be  peopled,  or  new  empires  founded;  but  all  things 
muft  remain  as  they  were.  And  is  the  world  and  its 
empires  fo  fixed  and  concluded  by  an  unalterable 
fate  ?  Are  men,  who  were  created  in  the  image  of 
their  maker,  to  contemplate  the  heavens  and  foar  a- 
bove  the  fbars,  whofe  iirft  great  law  was  to  increafe, 
multiply  and  replenifh  the  earth,  and  by  experienc- 
ing the  boundlefs  profufion  of  divine  goodnefs,  learn 
to  be  profufely  bounteous  and  good,  to  be  fo  retrain- 
ed ?  Is  this  becoming  the  dignity  of  their  rational  na- 
ture, and  felted  to  the  felfifh  *#focial  paflions,  im- 
planted in  the  human  foul  ?  Whofe  motives  are  our 

own 

*  &y  ieiiiin  iieic  i*  me*(U  virtuous  pallions  that  prompt  us   t© 
fofck  our  own  prcfervauon  &c.  as  feif-love,  &c. 


[     i9    J 

own  good  and  the  good  of  mankind :  To  attempt  to 
eradicate  or  alter  thefe,  by  the  arbitrary  reftraints  of 
civil  government,  is  to  impeach  the  wifdom  of  the 
Creator,  for  not  fuiting  man's  paflions  and  faculties, 
to  his  ftation  here,  and  offering  violence  to  human 
nature.  Let  civil  government  then  be  fuited  to 
man's  nature  and  paflions,  (I  mean  not  the  deprav- 
ed, ungodly  defires  and  cravings  of  tyranny,  which 
grafps  for  univcrial  defpotic  fway  ;  or  of  licentiouf- 
nefs,that  is  ever  impatient  of  all  legal  reftraints,  how 
ever  reafonable  and  righteous)  for  if  it  is  not,  there 
will  be  a  perpetual  conflict  between  the  regulations 
and  reftraints  of  government,  and  the  reafonable  de- 
fires  and  paflions  of  the  fubje&s. 

It  may  be  laid,  that  the  rcafon  why  natural  alle- 
giance is  perpetual,  is  not  merely  on  account  of  our 
being  born,  &c.  but  the  protection  and  fupport  of 
the  government,  afforded  us  where  born ;  this  is  an 
obligation  of  debt.  Much,  moft  undoubtedly,  we 
owe  to  our  parents  and  to  the  government  that  fup- 
ported  and  protected  our  infantile  ftate  :  But  is  it 
true,  that  becaufe  we  were  once  dependant,  we 
muft  ever  be  fo  ?  Becaufe  we  were  once  obliged,  we 
can  never  be  difengaged  from  the  obligation  ?  If  it 
is,  then  all  mankind  are  infolvenfcs,  fervants  of  fer- 
vants,  the  curfe  of  Canaan  is  the  portion  of  all  :  And 
every  alien  born  is  utterly  incapable  of  ever  becom- 
ing a  fubject  of  the  kingdom  of  Great-Britain. 

But  to  return,  allegiance  is  due  to  the  King  in  his 
natural  and  political  capacity ;  and  doth  not  necefla- 
rily  fuperinduce  an  obligation  of  obedience  to  the 
power  of  parliament  -,  for  a  perfon  may  be  a  fubjedt 
of  the  King  of  England  and  not  of  the  realm  -r  be 
under  allegiance  to  the  King,  yet  owe  no  obedience 

to 


[      20      ] 

to  parliament:-,  as  was  the  cafe  of  Scotland,  upon  the 
acceflion  of  King  James  the  ift.  to  the  throne  of  Eng- 
land, before  the  act  of  union;  and  as  the  cafe  is  at 
prefent  with  Hanover  ;  and  as  was  the  cafe  of  Nor- 
mandy, when  William  the  Conqueror  wore  the  crown 
of  England. 

The  rights  of  a  fubje£t  may  be  fufpended  for  a 
time,  with  refpect  to  the.  enjoyment  and  exercife  of 
them,  by  fome  tempprary  impediment,  which  when 
remored  they  revive :  But  when  the  obftacle  that 
fufpends  and  impedes  the  exercife  and  enjoyment  of 
them,  is  univerial,  permanent  and  perpetual,  it  is  an 
extinguifhment  of  thofe  rights.  Thus  much  I  thought 
neceffary  to  obferve,  before  I  gave  a  relation  of  the 
caufe  and  manner  of  our  anceftors  firft  coming  and 
fettling  in  America. 

North-America  was  firft  difcovered  by  Sebaftian 
Cabot,  in  the  reign  of  Henry  the  7th,  A.  D.  1498, 
and  was  at  that  time,  inhabited  by  the  Indian  natives, 
who  lived  principally  by  hunting:  In  A.  D.  1606 
King  James,  by  letters  patent,  erected  two  compa-, 
nies  called  the  Virginia  Companies,  with  power  to 
make  fettlements  in  America.  Though  none  were 
made  in  New-England  by  virtue  of  that  authority. 
About  the  clofe  cf  the  fixteenth  century,  feveral  at- 
tempts were  made  for  fettling  Virginia,  before  any- 
proved  fuccefsful  :  The  three  firft  companies  that 
came  all  perifhed,  by  hunger,  difeafes  or  Indian 
cruelty :  The  fourth  was  reduced  to  almoft  the 
fame  fituation,  when  Lord  Delaware  came  to  their 
relief.  Thus  Virginia,  being  the  firft  province  that 
was  fettled  in  America,  to  her  honour  be  it  remem- 
bered, hath  likewife  been  foremoft  in  maintaining 
and  vindicating  the  rights  of  the  Americans, 

U 


L      «     1 

In  A.  D.  i6zoy  England,  torn  with,  religious 
dificntions,  the  friends  of  the  reformation,  persecut- 
ed with  unrelenting  cruelty,  by  the  intolerant  ipirit 
that  influenced  government,  were  forced  to  renounce 
their  religion  and  liberties,  or  afTert  them  with  their 
lives.  The  proteftants,  to  the  number  of  one  hun- 
dred and  fifty,  who  before  hid  fled  to  Holland  for 
fafety,  having  made  a  purchafe  under  the  Plymouth 
Company,  and  obtained  the  royal  licence,  quitted 
their  native  country,  preferring  the  enjoyment  of 
their  religion  and  liberty,  in  a  howling  defert,  to  the 
pomp  and  pleafures  of  luxury  and  fin  in  England  ; 
crofTed  the  Atlantic  and  arrived  at  Plymouth  in  A- 
merica  in  A.  D.  1620,  and  by  their  own  valour,  in- 
dustry, rifk  and  expence  (under  the  lmiles  of  Hea- 
ven) acquired  plantations,  fubdued  favage  enemies, 
built  cities,  turned  the  wildernefs  into  fruitful  fields, 
and  rendered  it  vocal  with  the  praifes  of  their  Savi- 
our, and  from  fmall  beginnings,  in  procefs  of  time, 
became  great  in  number,  and  in  extent  of  territory  -y 
Great  numbers,  not  long  after,  from  religious  consi- 
derations, emigrating  from  England,  came  and  fet- 
tled the  other  colonies  in  America;  for,  fays  an  Eng- 
lifh  hiftorian,  "it  feems  that  all  the  provinces  of 
"  North-America  were  planted  from  motives  of  re- 
"  ligion."  Thus  was  gradually  unfolded  the  rudi- 
ments of  a  future  empire,  before  in  embryo. 

•  Upon  what  principles  then,  could  England  have 
^urifdiclion  over  the  perfons  and  properties  of  thofe 
brave  and  free  adventurers  who  fettled  the  colonies  ? 
Becaufe  England  was  moft  powerful  ?  This  would  be 
founding  right  in  might,  an  argument  too  abfurd  to 
need  refutation,  applied  to  any  but  the  fupreme  Be-^ 
ing  ;  \vho5  though  almighty,  yet  can  do  no  wrong. 

Or 


[       22       J 

fer  becaufe  they  were  once  fubjects  of  that  kingdom  ? 
This,  if  it  proves  any  thing,  proves  too  much,  as 
hath  been  mown.  Or  was  it  becaufe  the  country  was 
difcovcred  by  the  King  of  England?  Whatever 
rights  accrue  by  firil  difcovering  a  vacant  country, 
accrue  to  the  Prince,  under  whom  it  is  made  ;  and 
they  are  jura  corona^  rights  of  the  crown,  belonging 
to  the  King  and  not  to  the  kingdom.  But  America, 
had  loner  before  been  difcovcred  and  inhabited  by  nu- 
merous tribes  cf  Indians,  the  original  proprietors  of 
the  country;  fubjects  capable  of  property,  and  who 
made  a  part  of  the  human  fpecies,  when  the  Almigh- 
ty gave  the  earth  to  the  children  of  men  -,  and  why 
black  fqualid  hair,  a  tawny  complexion,  a  particular 
manner  of  living,- and  ignorance  of  divine  revelation, 
(bould  be  abfolute  difqualifications,  to  have  and  hold 
property,  any  more  than  a  black  fkin,  curled  head, 
fiat  nofe  and  bandy  legs,  mould  be  the  infallible  cri- 
terion of  flavery,  I  cant  devife. 
III.  Let  us  confider  the  Rights  of  the  AMERICANS 

fubfequent  to  their  Charters  and  Colony  Conjlitutions. 

As  there  are  certain  rights  of  men,  which  are  una- 
lienable even  by  themfelves  ;  and  others  which  they 
do  not  mean  to  alienate,  when  rthey  enter  into  civil 
fociety.  And  as  power  is  naturally  reftlefs,  afpir- 
ing  and  infatiable ;  it  therefore  becomes  neceflary  in 
all  civil  communities  (either  at  their  firft  formation 
or  by  degrees)  that  certain  great  firft  principles  be 
fettled  and  eftablifhed,  determining  and  bounding 
the  power  and  prerogative  of  the  ruler,  afcertaining 
and  fecuring  the  rights  end  liberties  of  the  fubjects, 
as  the  foundation  (lamina  of  the  government ;  which 
in  all  civil  dates  is  called  the  conftitution,  on  the 
certainty  and  permanency  of  which,  the  rights  of 

both 


{     *3     ] 

both  the  ruler  and  the  fubjects  depend  ;  nor  may 
they  be  altered  or  changed  by  ruler  or  people,  but 
by  the  whole  collective  body,  or  a  major  part  at 
leaft,  nor  may  they  be  touched  by  the  legiflator  •,  for 
the  moment  that  alters  eflentially  the  conftitution,  it 
annihilates  its  own  exiftence,  its  constitutional  autho- 
rity. Not  only  fo,  but  on  fuppofition  the  legiflator 
might  alter  it ;  fuch  a  ftretch  of  power  would  be 
dangerous  beyond  conception  ;  for  could  the  Britifh 
parliament  alter  the  original  principles  of  the  confti- 
tution, the  people  might  be  deprived  of  their  liber- 
ties and  properties,  and  the  parliament  become  abfo- 
fute  and  perpetual ;  and  for  redrefs  in  fuch  cafe, 
mould  it  ever  happen,  they  mud  refort  to  their  na- 
tive rights,  and. be juftified  in  making  infurreclion. 
For  when  the  conftitution  is  violated,  they  have  no 
other  remedy;  but  for  all  other  wrongs  and  abuies 
that  may  poflibly  happen,  the  conftitution  remaining 
inviolate,  the  people  have  a  remedy  thereby. 
i  The  Americans  antecedent  to  their  colony  confti- 
tutions,  muft  be  confidered  either  as  the  fubjeds  of 
the  kingdom  of  England,  or  as  fubjedts  of  the  King 
and  not  of  the  kingdom,  or  as  fubjecls  of  neither  5 
and  their  territory  as  belonging  either  to  that  king- 
dom,  the  King,  or  to  neither.  In  which  of  theie 
lights  they  mould  be  confidered,  I  leave  the  imparti- 
al world  to  judge.  Ifthefirft,  then  the  grants  and 
patents  from  the  crown  conveyed  nothing,  nam  ex  ni- 
hilo  nihil gignitur,  for  what  the  King  had  not  he  could 
not  grant,  and  the  colonies,  befides' their  rights  .as 
Englifh  fubjects,  have  acquired  an  indefeafable  title, 
by  prefcription,  to  the  lands  they  have  pofleiled,  to 
the  privileges,  immunities  and  exemptions  they  have 
enjoyed,  and  to  all  the  powers  of  government,  rights 

Of 


[      24    .  ] 

of  jurifdiction,  regalities,  &c.  which  they  have  had 
and  exercifed,  beyond  which,  the  memory  of  man 
runneth  not  to  xhe  contrary.  If  the  fecond,  then  by 
the  royal  grants,  patents,  &:c.  all  the  powers  of  go- 
vernment, rights  of  jurifdiction,  liberties  and  pri- 
vileges, with  the  property  of  the  lands  in  fee,  are 
parTed  from  the  crown,  and  veiled  in  the  colonics,  ab- 
solutely and  indefeafably,  aecording  to  the  tenor  of 
their  feveral  grants   and  conftitutions.     If  the  laft, 

•then  all  thefe  rights  of  jurifdiclion,  of  property  and 

-  liberty,  were  underived  and  felf-originated.  If,  there- 
fore, they  were  to  be  considered  as  Englifh  fubjecls, 

,  by  the  conftitution  of  that  kingdom,  they  had  right 
to  enjoy  all  thefe  privileges';  if  not  as  Englifh  iub- 
jecls,  then  they  were  theirs  without  being  beholden 
therefor.  In  either  view,  therefore,  they  were  enti- 
tled to  have  and  enjoy  all  the  rights,  liberties  and 
privileges,  which,  by  their  feveral  conftitutions,  were 
granted  and  confirmed  .to  them,  antecedent  -  thereto. 

•And  their  conititutions  are  the  original  compacts, 
containing  the  firft  great  principles,    or  flamina  of 

•  their  governments ;    combining  the  members,    con- 
i  needing    and    fubcrdinating,  them     to     the    King 

as  their'  iupreme  head     and   liege  Lord  ;  alfo  pre- 

•  fencing'  the  forms"  of'  their  feveral  governments, 
•determining  and  bounding  the  power  of  the  crpwn 
over  them,  within  proper  limits,  and  afcertai'nirtg 
and  fecuring  their  rights,  jurifdiclions  and  liberties  -, 

■  and  are  not    to  be  compared  to  the  charters  of  cor- 

•  porations  in  England  (although  they  are  to  bedeem- 
.  ed  facred)  which  are  royal  favours- granted  to  parti- 
cular corporations,  beyond  what  are  enjoyed  by  the 

■  iubjeds  in  common -,  if  they  mould  be  forfeited  and 
taken  away  themembes  will  ft  ill  retain  the  great  .efifen- 

tial 


t    h   J 

tial  rights  of  Britifh  fubjects,  and  thefe  original  cbrK- 
pads  were  made  and  entered  into  by  the  King,  nor. 
only  for  himfelf,  but  expreisly  for  his  heirs  and  fuc- 
'  cefTors  on  the  one  paAt,  and  the  colonies*-  their  file- 
ceffors  and  aftigns  on  the  other  ;  whereby  the  con- 
nection was  formed,  riot  only  between  the  parties 
then  in  being,  but  between  the  crown  and  the  colo- 
nies, through  all  fucceffions  of  each  -,  and  thofe  com- 
pacts $re  petmarient  and  perpetual,  as  unalterable  as 
Magna  Charta,  or  the  primary  principles  of  the  En- 
glim  conftitution :  nor  can  they  be  vacated  or  chang- 
ed by  the  king,  any  more  than  by  the  colonies,  nor 
be  forfeited  by  one  more  than  the  other  ;  for  they  are 
mutually  obligatory  on  both,  and  are  the  ligaments 
and  bonds  that  connect  the  colonies  with  the  king  of 
Great-Britain,  and  the  king  with  them  :  cut,  there- 
fore, and  diflblve  them*  and  the  colonies  will  become 
immediately  difunited  from  the  crowns  and  the  crown 
from  them.  Should  the  original  parties  to  thefe 
constitutions  awake  in  their  tomb;,  and  come  forth 
(on  a  controveriy  that  would  awake  the  dead,  could 
the  dead  be  waked)  and  with  united  voice  teitify, 
that  this  was  their  original,  true  intent  and  meaning, 
would  it  not  be  awfully  ftriking  and  convincing  t 
But  we  have  greater  evidence  *,  we  have  their  origi- 
nal declaration,  made  in  that  day,  deliberately  re- 
duced to  writing,  and  folemnly  ratified  and  confirm- 
ed, which  is  as  follows  :  "  We  do,  for  us,  our 
•'  heirs  and  fucceflbrs,  grant  to,  &c.  arid  their  fuc- 
"  cefTors,  by  thefe  prefents,  that  thefe  our  letters  pa- 
"  tent;  (ball  be  firm,  good,  and  effectual  in  the  lavv3 
"  to  all  intents,  constructions  and  purpofes  whatever, 
"  according-  to  our  true  intent  and  meaning;  herein 
*'  before  declared,  as  mall  be  conftrued^  reputed  and 
D  4t  adjudge! 


[     »«     j 

ct  adjudged  rrroft  favourable  on  the  behalf,  and  for 
"  the  bell  benefit  and  behocf  of  the  grantees,  &c. 
"  notwithftanding  any  omifllons  therein,  or  any  fta- 
"  tute,  act,  ordinance,  provifton,  proclamation  or 
fci  reftridhon  heretofore  made,  had,  enabled,  ordained 
"  or  provided,  or  any  other  matter,  caufe  or  thing 
"  whatfoever,  to  the  contrary  thereof,  in  any  wife 
"  notwithftanding.9' 

And  the  reafons  for  erecting  thefe  conftitutions,  are 
recited  in  the  preamble  of  fome  of  them,  as  fallows,* 
viz.  "  Whereas  by  the  feveral  navigations,  difcove- 
"  ries,  and  iucceisful  plantations  of  clivers  of  our  lov- 
ci  ing  fabjccts  of  this  our  realm  of  England,  feveral 
"  lands,  iflands,  places,  colonics  and  plantations  have 
"  been  obtained  and  fettled,  &c.  and  thereby  the 
"  trade  and  commerce  there,  greatly  increafed,  &c. 
"•  and  that  the  fame,  or  the  greater!  part  thereof,  was 
"  purchafed  and  obtained,  for  great  and  valuable 
<c  considerations,  and  fome.  other  parts  thereof  gain-- 
"  ed  by  conquest,  with  much  difficulty,  and  at  the 
"  only  endeavours,  expence  and  charge  of  them  and 
oi  their  afibciates,  and  shofe  under  whom  they  claim, 
"  iubdued  and  improved,  and .  thereby  become  a 
*  considerable  addition  of  our  dominions  and  intereft 
66  there.  Now,  know  ye,  That  in  consideration 
"  thereof,  and  in  regard  the  faid  colony  is  remote 
"  from  ether  the  Englifh  plantations  in  the  place 
to  the  end  the  affairs  and  bufinefs 
1  from  time  to  time  happen,  or  arife 
4<  co.  i  the  fame,  may  be   duly  ordered   and 

LgefL.)  we  have  therefore  thought  fit,  &c." 
.;OUghtliis  portal,  majesty  itfelf,  like  the   meri- 
•an,  lightens  upon  the  subject,  and  makes  plain 
and  clear  a  matter,  which  the  wits  and  difputers  of 

a  venal 


[     *7    3 

41  venal  age,  would  envelope  in  midnight  obfeurity. 
In  confideration  that  thefc   difcoveries,   fettlements, 
&c.  were  obtained  for  great  and  valuable  confiderati- 
©ns,  &x.  and  at    their,    viz.'  the  colonilt's    only  en- 
deavours anc^expence  of  blood  and  treafure,   and  in 
regard  that  they  are  remote,  fo  that  they    cannot   o- 
therwife  enjoy  the  benefits  of  civil  government,   &x. 
therefore,  it  is  moft  reasonable   and   necefTary,   that 
they  ihould  have  a  government  of  their  own.     Theie 
conftitutions  are  in  lbme  refpects  various  in  different 
colonies  ;  all  have  their  affemblies,  or  carliaments, 
confifting  of  the  governor,  council,  and  f  he  reprefen- 
tatives  of  the   people  •,  invefted   with  the   fupreme 
power  of  legislation  and  taxation  •,  though  in  fome, 
their  laws  are  fubjecl:  to  be  negativ'd   by   the  royal 
dilTenr,  within  a  limited  time  :  in  fome,  the  governor 
and  council  are  chofen  by  the  people,  in  others,  the 
council  ;  and  in  fome,    both   governor  and  council 
are  appointed  by  the  crown.     All  have  their   courts 
of  judicature,  to  take  cognizance  of  all  caufes,  ariling 
within  their  territorial  limits,  and  the  power  of  judg- 
ing in  the  lad  refort,  though  this  right  hath  been  in- 
fringed in  fundry  inflances,  by  appeals    to  the   king 
and  council.     But  how  a  judgment  in  England  can 
be  executed  in  America,  according  to   the  courfe  of 
law,  is  to  me  a  paradox. 

Further,  it  is  ordained  and  declared,  "  That  all 
•?  and  every  of  the  fubjects  of  us,  our  heirs,  &c. 
"  which  mail  go  to  inhabit  in  faid  colony,  and  every 
"  of  their  children  that  fhall  happen  to  be  born 
"  there,  or  on  the  fea  in  going  to  or  returning  from 
"  thence,  fhall  have  and  enjoy  all  liberties  and  ini- 
4t  munities  of  free  and  natural  fubjecls,  within  any 
41  the  dominions  of  us,  our  heirs  or  fuccefTors,  to  all 

"  intents^ 


£  2*  ] 

ff  intents,  con  ft  ructions  and  pufpofes  whatever,  as 
y  if  they  and  every  of  them  were  born  within  the 
f?  realm  of  England,"  This  doth  not  bring  the  A- 
mericans  within  the  realm  of  England-,  but  it  proves 
them  to  be  out  of  it :  For  were  it  not  fo,  the  grant- 
ing to  them  and  to  their  children  privileges  equal  to 
natural  fubjects,  born  within  the  realm,  would  have 
been  idle  and  unnecefTary,  being  no  more  than  they 
would  have  been  entitled  to  without  it,  after  fetling 
the  foundation  principles,  and  enumerating  a  variety 
of  capital  articles  in  the  conftitution  of  their  govern- 
ments ;  to  avoid  prolixity  and  all  miftake  and  omif- 
fions  in  a  recital  of  their  rights  and  priviledges  •,  they 
are  in  ftiort,  fummed  up  and  declared  to  be  fimilar 
and  as  ample  in  every  refpect,  as  thole  of  the  natural 
born  fubjeds  of  the  realm,  to  which  the  colonifts  are 
referred,  to  learn  the  full  extent  of  their  own  •,  which 
demonftrates  the  fimilarity  and  likenefs  that  fubfifts 
between  the  civil  conftitutions  of  the  two  countries ; 
although  feveral  and  diftincf  ;  and  the  lands  are 
granted  to  be  holdep,  not  in  capite,  or  by 
knight  fervice,  bur  in  free  and  common  foccage, 
as  pf  the  manor  of  E aft- Greenwich  •,  paying  there- 
for a  certain  proportion  of  the  gold  and  filve-r 
ore,  that  fhould  from  time  to  time  be  found,  &c.  in 
lieu  of  all  fervices,  duties  and  demands  whatlbever. 
Thus,  whether  the  Americans,  antecedent  to  their 
conftitutions,  were  fubjefts  of  the  kingdom  of  Eng- 
land or  not,  they  have  now  the  cleared  right  to  enjoy 
the  liberties  and  privileges  of  Englifh  fubjects  :  and 
to  hold  their  lands  dilcharged  of  all  duties  and  de- 
mands of  every  kind,  except  as  above.  And  nothing 
is  plainer,  than  that  the  colonifts  cannot  enjoy  fuclr 
privileges,  unleis  they  have  parliaments  and  aljem- 

r       blies 


E     *9     ] 

biles  of  their  own  -,  invelled  with  the  fupreme  power 
of  legiflation  and  taxation,  in  which  they  may  bere- 
prefented,  and  for  this  I  have  a  very  great  and  anti- 
ent  authority,  viz.  the  cafe  of  the  Virginians,  de- 
termined by  one  of  the  Kings  or  England,  near  a 
century  and  a  half  ago,  which,  to  ule  the  words  of 
the  Englim  hiftorian,  is  as  fellows:  u  The  govern- 
'*  merit  of  this  province  was  not  at  firft  adapted  to 
u  the  principles  of  the  Englifh  conftitution,  and  to 
^  the  enjoyment  of  that  liberty,  to  which  a  fubjecl: 
*'  of  Great-Britain  thinks  himfelf  entitled,  in  every 
part  of  the  globe.  It  was  governed  by  a  Gover- 
nor and  Council  appointed  by  the  King  of  Great- 
"  Britain.  As  the  inhabitants  increafed,  the  incon- 
"  veniency  of  this  form  became  more  grievous*,  and 
"  a  new  branch  was  added  to  their  conftitution,  by 
"  which  the  people,  who  had  formerly  no  confidera- 
"  tion,  were  allowed  to  elect  their  reprefentatives 
"  from  each  county,  with  privileges  refembling  thofe 
"  of  the  reprefentatives  of  the  Commons  or"  Eng- 
"  land  ;  thus  two  houfes,  the  upper  and  lower  houfe 
"  of  affernbly  were  formed  •,  the  upper  houfe  ap- 
"  pointed  by  the  crown  are  (liled  honourable,  and 
*c  anfwer  in  fome  meafure  to  the  houfe  of  peers  in 
"  the  Britiih  conftitution.  The  lower  houfe  is  the 
M  guardian  of  the  people's  liberties.  And  thus,  with 
"  a  Governor  reprefenting  the  King,  and  an  upper 
"  and  lower  houfe  of  affernbly,  this  government 
"  bears  a  ftriking  refemblance  to  our  own."  Now, 
if  the  parliament  hath  right  to  bind  the  colonifts  in 
any  inilance  of  legislation  and  taxation,  it  hath  in 
all:  Wherein,  then,  will  confift  the  fimilarity  of  the 
colony  conftitutions  to  that  of  Great-Britain  ?  Where- 
in the  power  of  their  aifemblies  to  guard  the  rights 

of 


a 


E    s°    3 

♦of  the  people  ?  In  fine,  v/here  is  the  boafted  Englifli 
liberties  of  the  fubjecls  ?  All  laid  in  the  duft,and  the 
colonies  fubjected  to  be  governed  and  taxed  by  the 

.  liament,  who  are,  and  their  conftituents  both,  in- 
terefted  in  augmenting  their  taxes  and  burdens. 

Realm  fignifles  kingdom ;    and  kingdom  figni- 

the  country  or  countries,that  are  fubject  to  one  fo- 
yereign  prince.  And  mould  a  fchool  boy  be  afked, 
whether  America,  which  is  three  thonfand  miles  dii- 
tant,  was  within  the  kingdom  of  Great-Britain,  both 
being  fubject  to  one  prince,  he  mufl  anfwer  that  it 
was  not ;  but  that  it  was  within  the  kingdom  of  the 
King  of  Great-Britain  and  America.  Nor  are  the 
following  queftions  more  difficult,  viz.  whether 
the  Koufe    of    Commons,  who  have  only  a  repre- 

:ative  authority,  have  right  to  bind  thofe 
whom  they  do  not  repreient  ?  Or  whether,  in  virtue 
of  their  being  the  reprefentatives  of  the  people  in 
Great-Britain,  they  are  the  reprefentatives  of  the 
people  in  America  ?  viz.  whether  the  Britons  and  the 
Americans,  are  identically  the  fame  perfons,  or  whe- 
ther the  Britons  are,  have,  or  ought  to  have,  every 
thing,  and  the  Americans  nothing  ?  If  the  colonies, 
when  they  were  firft  conftituted,  were  not  fubject  to 
thejurifdiclion  of  parliament,  they  are  not  become 
ib,  by  any  thing  fince  :  and  that  they  were  not  is  e- 
vident,  not  only  from  the  declaration  of  frbe  King  in 
the  conftitutions,  but  by  the  royal  conduct  towards 
j&em  from  time  to  time,  treating  them  as  though  they 
were  not. 

Upon  the  remonfirance  of  the  Virginians-  againft 
the  impofition  of  duties  on  their  trade,  King 
Charles  the  fecond  iiTued  a  declaration  under  his  pri- 
vy feal,  dated  19th  of  April,  A.D.  1676,  "  affirm - 


X 


[  p  ] 

cc  ing,  that  taxes  ought  not  to  be  laid  upon  the  pro-- 
"  prietors  and  inhabitants  of  the  colony,  but  by  the 
"  common  confent  of  the  General  AfTembly."  And 
when  a  revenue  was  wanted  for  the  fupport  of  civil 
government  in  Virginia,  in  A.  D.  1679,  an  act  was 
framed  and  fent  over  to  be  pafTtrd  by  their  AfTembly, 
in  thefe  words,  "  Enacted  by  the  King's  moft  excel- 
"  lent  Majefty,  by  and  with  the  confent  of  the  Ge- 
"  neral  AfTembly  of  the  colony  of  Virginia,  that  a 
"  duty  of,  &x."  which  was  accordingly  pafTed  into  a 
law. 

And  it  was  declared  by  James  the  flrft  and  Charles 
firft,  when  a  bill  was  propofed  in  the  Houfe  of  Com- 
mons, and  repeatedly  and  ftrenuoufly  urged,  to  give 
liberty  to  the  fubjects  of  England  to  fifh  on  the  coaft 
of  America  •,    "  that  it  was  unneceffary,  that  the  co- 
M  lonies  were  without  the  realm  and  juriidiction  of 
"  parliament,    and  that  the  Brivy  Council  would 
•«  take  orders  in  matters  relating  to  them."     And  li- 
berty of  riming  in  America,  is  referved  in  fome  of' 
the  charters  that  were  afterwards  made  -,  which  mews 
that  without  fuch  relervation,  they  would  not  have 
had  right  to  fifh  on  the  coaft  of  the  colonies.     And 
upon  complaint  of  piracies,  &c.  committed  off  the 
coaft  of  Connecticut,  King  Charles  the  fecond,  in 
A.  D.   1683-4,  inftead  of  caufing  an  act  of  Parlia- 
ment to  be  made  to  reftrain  and  punifh  them,  writes 
this  letter  to  the  General  AfTembly-  in  Connecticut, 
which  letter,  is    now  extant  in  the  hands  of  the  Se- 
cretary.    "  Charles  Rex,  trufty  and  well-beloved, 
*-'•  we  greet  you  well:  Whereas  we  are  informed  of 
"  great  diforders  and  depredations  daily  committed, 
"  to  the  prejudice  of  our  allies;  contrary  to  treaties 
"  between  us  and  a  good  correfpondence  that  ought 

t» 


[   **   j 

u  to  be  maintained  between  chrifiian  princes  and 
"  ftates  ;  and  we  having  already  given  ftrict  order  in 
"  our  Ifland  of  Jamaica,  againlt  fuch  illegal  pro- 
44  ceedings,  by  pacing  a  law  for  retraining  and  pu- 
41  niming  privateers  and  pirates,  &"c.  our  will  and 
44  pleafure  is,  that  you  take  care  that  fuch  a  law  (a 
44  copy  whereof  is  herewith  fent  you)  be  pafTed  with- 
44  in  our  colony,  under  your  government,  which 
44  you  are  to  certify  unto  us  by  the  firft  opportuni- 
44  ty,  lb  we  bid  you  heartily  farewell.  Given  at  our 
44  Court  at  New-Market,  the  8th  day  of  March, 
44  A.  D.  1683-4,  in  the  36th  year  of  our  reign.  By 
44  his  Maieity's  command.  L.  Jenkins."  And  ac^ 
cordingly  the  bill  was  pafTed  into  a  law  by  the  Gene- 
ral Aflembly  'of  Connecticut.  Can  it  be  SuppoSed, 
that  this  bill  would  have  been  fent  to  Connecticut  to 
be  pafTed  into  a  law,  if  the  Parliament  had  had  ju- 
risdiction thereof  ?  Further,  Great- Britain  fending 
their  culprits  into  banifhment  in  America,  demon- 
strates, that  America  is  out  of  the  jurisdiction  of  that 
kingdom,  for  baniihment  confifts  in  putting  a  fubject 
out  of  the  limits  and  ju<  ifdiction  of  the  government. 
It  is  in  the  memory  of  every  one,  that  the  King  fent 
his  requifitions  to  the  colonies  to  raife  men  and  mo- 
ney in  the  laft  war,  which  were  readily  complied 
with,  by  his  moil  dutiful  and  loyal  Subjects,  in  the 
provinces:  Wheforewas  this,  if  the  Parliament  hath 
fupreme  kgiflative  and  taxative  jurisdiction  over 
them  ?  And  to  put  this  matter  beyond  all  doubt,  and 
to  fhew  that  the  colonies  have  right,  not  only  to  en- 
^oy,  but  to  defend  themfdves,  and  their  liberties*  a- 
"o-ainft  any  and  all  (the  parliament  not  excepted)  that 
mould  be  to  llupid,  or  vile,  as  to  invade  them  j  hear 
the  Solemn  declaration  and  warrant  ©f  their  King,  in 

frhcir 


t     33     3 

their  original  conftitutions  :  "  And  we  do  for  us^ 
**  our  heirs  and  fuccefibrs,  give  and  grant  unto,  prci 
"  and  their  fuccefibrs,  by  thefe  prefents,  that  it  fhall 
u  and  may  be  lawful  to  and  for  the  chief  command- 
"  ers,  governors  and  officers  of  the  laid  company  for 
"  the  time  being,  who  fhall  be  refident  in  the  parts, 
"  &c.  hereafter  mentioned,  and  others  inhabiting 
"  there,  by  their  leave,  admittance,  &x.  from  time; 
"  to  time,  and  at  all  times  hereafter,  for  their  fpecial 
"  defence  and  fafety,  to  aflemble,  martial  array,  and 
"  put  in  warlike  poilure,  the  inhabitants  of  the  laid 
"  colony,  and  commifllonate,  impower  and  authorife 
"  fuch  perfon  or  perfons  as  they  ihall  think  fit  to  lead 
"  and  conduct  the  faid  inhabitants  ;  and  to  encoun- 
"  ter,  expulfe,  repel  and  refill,  by  force  of  arms,  as 
"  well  by  lea  as  by  land  •,  and  alfo  to  kill,  flay  and 
"  delboy,  by  all  fitting  ways,  enterprifes  and  means 
"  whatfoever,  all  an*l  every  fuch  perfon  or  perfons, 
'fc  as  fhall  at  any  time  hereafter,  attempt  or  enterprife 
"  the  deftructioir,  invafion,  detriment  or  annoyance 
"  of  the  faid  inhabitants  or  plantation  ;  and  to  ule 
<c  and  exercife  the  law  martial,  &c.  and  to  take  or 
"  furprize,  by  all  ways  and  means  whatloever,  all 
"  and  every  fuch  perfon  or  perfons,  with  their 
u  mips, armour,  ammunition,  and  other  goods  of  fuch 
"  as  fhall  in  fuch  hoilile  manner,invade,br  attempt  the 
"  defeating  or  the  laid  plantation,  or  the  hurt  o£  the 
"  faid  company  and  inhabitants.5*  Thus,thie  liberties 
and  priviiedges  are  not  only  granted  a  d, 

but  a  power  is  exp  ven  to  the  c 

fend  them  to  th.  t,  againft  thofe  who  mould  in- 

vade or  attempt  to  them.  ;  the  Ame- 

ricans chargeable  with  tr.eaTon  and  rebellion,  for  yield- 
ing to  the  irrefiftable   impulies   of  felf-preferva:ion, 

E  '  and 


[     34-     J 

and  acting  under  and  in  purfuance  of  the  royal  licence 
and  authority  of  their  king  ?  It  is  certain  that  the 
colonies,  in  all  their  conftitutions,  were  confidered  as 
being  out  of  the  jurifdiction  of  parliament,  from  the 
provifions  made  in  every  one,  to  fupply  the  want  of 
ilich  jurifdiction,  by  inverting  their  feveral  aflemblies 
with  fupreme  power  of  legiflation  ;  and  that  their 
kings  ever  confidered  and  treated  them  as  being  fo, 
until  that  fatal  period  when  George  Grenville,  that 
monfter  of  miniilers,  came  into  adminiftration  *,  and 
that  the  colonies  fo  underflood  themfelves  to  be. 

From  all  which  I  think  we  mayinfer,with  great  clear- 
nefsand  certainty,  that  he  that  is  king  of  Great-Britain* 
is,  by  the  conftitutions  of  the  colonies,  alio  king  of  the 
American  colonies,  bound  to  protect  and  govern  them 
according  to  their  feveral  conftitutions,  and  not  to  de- 
ftroy  them  :  and  that  the  parliament  hath  no  jurifdic- 
tion  or  power  with  refpect  t©  them  ;  for  the  parlia- 
ment confifts  of  the  three  eftates,  the  king,  lords  and 
commons,  and  was  conftituted  for  the  government  of 
that  realm  ;  and  the  king  fuftains  a  three- fold  capa- 
city, as  king  of  Great-Britain,  the  firft  of  the  three  e- 
ftates  in  parliament,  and  as  king  of  the  American  co- 
lonies, and  according  to  the  maxim  of  the  Englifh  laws, 
0uando  duo  jura  concurrent  in  una  £5?  eadem  perfona,  idem 
£#,  ac  Jiejfenfin  diverfis  -,  when  feveral  rights  or  capa- 
cities meet  and  are  veiled  in  one  and  the  fame  perfon, 
they  remain  entire,  and  as  diftinct  as  though  they  were 
veiled  in  different  perfons.  This  right  of  fovereignty 
over  the  Americans,  is  derived  from  a  different  fource 
from  that  of  Great-Britain,  viz.  the  conftitutions  of  the 
colonies,  extends  to  different  objects,  viz.  the  colonies, 
and  is  exercifable  in  a  different  manner,  viz.  according 
to  their  feveral  conftitutions.     And  what  the  king 

doth 


r  35  j 

doth  as  king  ef  Great-Britain,  or  as  one  of  the  eftate:: 
in  parliament,  he  doth  not  as  king  of  the  colonics ;  for 
if  lb,  then  all  the  judges  and  officers  appointed  in  the 
realm  of  England,  would  be  judges  and  officers  in 
America  -,  all  the  laws  and  taxes  that  receive  the  roy- 
al afTent  in  parliament,  would  immediately  be  binding 
upon  the  Americans,  unlefs  cxpredy  excepted  ;  con- 
trary to  the  united  voice  of  all  their  princes,  politici- 
ans and  lawyers,  which  is,  that  even  Ireland,  which 
they  hold  as  a  conquered  country,  is  not  bound  by 
acts  of  parliament,  unlefs  fpecially  named.  The 
Lords  being  the  noble  peers  of  that  realm,  let  in  par- 
liament in  right  of  their  eflates  and  dignity*  their  au- 
thority cannot  extend  beyond  the  limits  of  the  king- 
dom of  which  they  are  peers.  The  Houfe  of  Com- 
mons, act  by  a  delegated  authority,  and  can  have  no 
greater  power  than  their  constituents  can  give,  and 
their  constituents  can  give  no  greater  than  they  have; 
and  from  whence,  in  the  name  of  common  fenfe,  have 
the  people  of  Great-Britain  right  of  dominion  over 
the  perfons,  properties  and  liberties  of  the  good-peo- 
ple in  America  ? 

But  fome  may  object,  that  upon  thefe  principles, 
the  colonies  have  an  unlimited  power  of  legiflation, 
&c.  within  themielves,  contrary  to  an  exprefs  claufe 
in  their  conftitutions,  which  reftrains  them  from 
making  laws,  &c.  contrary  to  the  laws  of  the  realm 
of  England . 

These  conftitutions  are  to  be  confidered,  not  on- 
ly as  the  ftipulations  of  the  fovereign  and  the  particu- 
lar colonies  with  whom  they  are  made,  but  alfo  cf 
the  colonifls  among  themfelvs  -y  although  they  are 
conceived  wholly  in  the  ityle  and  language  of  grants 
from  the  crown.  And  the  language  of  the  claufe  re- 
ferred 


[  ^  ] 

f  erred  to  in  the  objection,  is  after  this  manner,  "  and 
if  we  do  further  of,  &c.  give  and  grant  unto  thefaid 
*e  Governor  and  Company,  &c.  that  it  fhall  and  may 
"  be  lawful  for  them,  &x.  to  erect  and  make  all  ne- 
fl  cefTary  and  proper  judicatories  ;  to  hear  and  de- 
*?  cide  all  matters  and  caufes,  &c.  and  to  make,  or- 
"  dain  and  eftablifli  all  manner  of  wholfome  and  rea- 
"  fonable  laws,  ftatutes,  ordinances, directions  and  in- 
?'  frructions,  not  contrary  to  the  laws  of  this  our 
"  realm  of  England." 

This  reftraint  to  colony  legiflation,  cannot  be  con- 
fcrued  to  extend  thejurifdiction  of  parliament ;  for  if 
it  could,  it  would  be  repugnant  to  the  grant,  &  void  ; 
for  parliament  might  make  laws  contrary  to  all  the 
laws  the  colonies  have  or  could  make;  in  this  ienfe, 
it  would  be  referving  a  power  that  would  devour  and 
deftroy  all  the  .powers  conitituted  and  granted  in  the 
patents,  S^c. 

Nor  is  it  to  be  underftood,  that  the  colonies  may 
not  make  laws  refpecting  their  own  people,  which 
are  contrary  to  laws  in  England,  concerning  a  fi- 
milar  matter-,  for  inftance,  in  England  the  laws  per- 
mit perfons  of  certain  rank  and  eftate  to  play  at 
games  •„  in  the  colonies  all  perfons  without  dilVincti- 
on  are  prohibited  playing  at  games.  By  the  laws  of 
this  our  realm,  then  is  not  meant,  any  particular 
rules  and  regulations  of  law  ;  but  the  grounds,  prin- 
ciples and  fpirit  of  the  laws  and  conftitution,  then 
exifting  in  the  realm  of  England,  on  which  the  whole 
fyflem  of  their  laws  were  founded,  by  which  dictat- 
ed, and  to  which  they  were  conformed.  As  the  con- 
ftitutions  of  the  colonies  were  founded  on  the  fame 
principles  with  that  of  England,  and  the  colonics 
entitled  to  like  privileges  with   the  natural  fubjects 

of 


C    37     ] 

of  that  realm,  and  referred  to  the  great  charter  of 
Englifh  liberties,  to  learn  the  full  extent  and  nature 
of  their  own:  Therefore  it  is  ftipulated  and  granted, 
that  they  may  make  all   reafonable  laws,  &c.     not 
contrary,  to  what  ?  To  the  genius  of  the  laws  and 
civil  conflitution  of  this  our  realm  of  England;  for 
fuch  would  likewife  be  contrary  to  the  genius  of  their 
own  governments.     Between  which  and  the  Englifh 
conftitution  there  is  fuch  a  fimilarity,  that  you  can- 
not  thwart  the  principles  of  one,    without  contra- 
dicting the  fpirit  of  the  other  ;  and  the  fword  that 
pierces  the  Mes  of  one,  penetrates  the  bowels  of  the 
other.     This  reftriction  is  limited  to  the  laws  or  fyf- 
tem  of  government  then  in  being  in  and  over  that 
realm:   and  doth  not  extend  to  any  civil  constitutions 
that  might  afterwards  be  made;  nor  to  any  laws  made, 
or  that  fhould  be  made  there,  to  extend  to  the  colo- 
nies, out  of  that  realm  ;  for  this  would,  as  hath  been 
fhewn,  be  repugnant  to  the  grant ;  and  further,  fuch 
would  not  be  the  laws  of  that  realm,  but  of  the  colo- 
nies.    This  claufe  therefore,  inftead  of  reftraining  the 
colonies   under    the  power  of  parliament,  doth  de- 
monstrate them  to  be  diftinct  ftates,  without  and  in- 
dependent of  the  jurisdiction  of  parliament. 

I  am  not  infenfible,  that  by  act  of  parliament  7 
and  8  Will.  III.  cap.  22.  it  is  declared,  that  all 
laws,  by  laws,  ufuages  and  cufloms  which  fhall  be  in 
practice  in  any  of  the  plantations,  repugnant  to  any 
law  made,  or  to  be  made  in  England  relative  to  the 
faid  plantations,  fhall  be  utterly  void  and  of  none  ef- 
fect. Andbyftat.  6  of  Geo.  III.  cap.  12.  It  is  fur- 
ther declared,  that  all  his  Majefties  colonies  and  plan- 
tations in  America,  have  been,  are,  and  of  right 
ought  to  be,  fubordinate  to  and  dependant  on  the  im- 
perial 


f     3S     J 

pcrial  crown  and  parliament  of  Great-Britain,  who 
have  full  power  and  authority  to  make  laws  and  fta- 
tutes  of  fufficient  validity,  to  bind  the  colonies  and 
people  of  America,  fubjects  of  the  crown  of  Great- 
Britain,  in  all  cafes  whatfoever,-  with  a  number  of  o- 
ther  ltatutes  of  the  prefent  reign,  founded  on  the 
fame  principles  and  of  the  fame  fatal  tendency.  By 
thefe  ftatutes,  the  Americans  are  deprived  of  all  au- 
thority, even  to  make  a  by-law  ;  and  of  all  their  li- 
berties and  properties  ;  by  fubjedbing  both  to  the  ar- 
bitrary power  and  difpofal  of  parliament,  in  all  cafes 
whatfoever.  Let  thefe  ftatutes  be  executed  upon  the 
Americans  ;  and  what,  in  the  name  of  wonder,  I  afk, 
what  will  they  have  left,  that  has  even  the  fnadow 
of  power  or  privilege,  natural,  civil,  or  religious  ; 
that  they  will  be  able  to  exercife  and  enjoy  ?  But  let 
us  examine  the  ground  and  authority  of  thefe  acts 
that  found  fuch  a  peal,  the  knell  of  American  free- 
dom. 

It  is  not  the  parliament's  declaring  a  thing  to  be 
fo,  that  makes  it  fo,  nor  their  enjoining  a  thing  to  be 
done,  that  makes  it  a  duty  to  do  it.  Should  the  par- 
liament, in  the  plenitude  of  their  power,  pafs  an  act, 
that  the  four  elements  have  been,  are,  and  ought  to 
be  fubordinate  to,  and  dependant  on  the  juriidiction 
pf  parliament ;  and  that  they  have  full  power,  &c. 
to  make  laws  of  fufficient  validity  to  bind  them,  in 
all  cafes  whatfoever.  And  that  there  fhould  be  nei- 
ther rain  nor  funfhine,  feed  time  nor  harveft,  in  all 
the  continent  of  America,  for  three  years  and  feven 
months ;  would  the  elements  and  the  heavens  be  guil- 
ty of  treafon  and  rebellion,  if  they  purfued  their  an- 
tient  courier  And  are  not  the  liberties  of  men,  who 
are  appointed  lords  of  this  lower  creation,  of  more 

importance 

Urn- 


C    39    3 

importance  than  thofe  of  the  elements,  and  are  they 
not  equally  facred  and  inviolable  ? 

The  obligation  of  obedience  to  a  law,  arifes  whol* 
ly  from  the  authority  of  the  makers,  over  thofe  on 
whom  it  is  enjoined  -,  fo  that  if  the  Americans  are  na- 
turally independant  of  the  power  of  parliament,  and 
by  no  concefiions  and  civil  constitutions  of  their  own 
have  fubmitted  thereto,  and  put  themfelves  under  it ; 
no  acts  of  parliament  can  make  them  dependant.  And 
if  the  parliament  vhath  no  right  of  dominion  over  the 
Americans ;  it  follows  that  the  Americans  are  under 
no  obligation  of  obedience  to  its  laws. 

I  cannot  but  remark  upon  the  fingular  phraftolo- 
gy  of  this  declaratory  act  of  parliament,  viz.  that  all 
his  Majefty's  colonies  (not  our  colonies)  have  been, 
are,and  of  right  ought  to  be  fubordinate  to,  and  depen- 
dant on  the  imperial  crown  and  parliament  of  Great- 
Britain,  who  have  full  power  and  authority  to  make 
laws  and  (latutes  of  fufficient  validity  to  bind  the  co- 
lonies and  people  in  America,  fubjects  of  the  crown 
of  Great-Britain  in  all  cafes  whatibever.  What  flrange 
circumlocution  of  law  language  is  ufed  to  exprefs 
what  they  meant  to  conceal  !  What  is  the  amount  of 
this  declaratory  act  ?  That  the  parliament  has  full 
power  and  authority  to  make  laws,  &c.  to  bind  the 
colonies  and  people  of  America  in  all  cafes  whatibe- 
ver ?  no,  but  to  bind  the  colonies  and  people-  of  A- 
merica  fubjects  of  the  crown  of  Great-Britain,  viz, 
They  have  power  to  bind  the  fubjects  of  the  crown 
of  Great  Britain -in  America.  Now  if  the  colonies 
are  not  fubjects  of  the  crown  of  Great-Britain,  viz, 
are  not  fubjects  of  the  King  in  virtue  of  his  crown  of 
that  kingdom,  then  by  their  own  declaration  the  par- 
liament hath  no  right  to  bind  them.     And  it  is  very 

evident 


evident  from  what  has   been  faid>  that  the  King's" 
right  of  fovereignty  over  the  colonies  is  not  derived 
from,  or  holden  in  virtue  of  his  crown,  as  King  of 
Great-Britain ;  but  from  the  particular  ftipulations 
entered  into  with  the  colonies  by  their  feveral  confti- 
tutions  •,    otherwife  their   conflitutions  would  have 
been  idle  and  unneceffary.     Nor  will  it  help  the  mat- 
ter, mould  we  for  argument's  fake,  yield  to  them  that 
the  colonics  were  fubjects  of  the  crown  of  Great- 
Britain  •,  then  they  would  be  entitled  to  the  privileges 
of  fubjecls,    which  is  an   exemption  from  legiflati- . 
on  or  taxation   without  their  voice  or  confent.  So 
that  whether  the    colonies  are  or  are  not  fubjecls  of 
the  crown  of  Great-Britain,  the  act  is  altogether  un- 
founded. 

But  it  may  be  objected  to  the -colonies  claim  of 
exemption  from  the  jurifdiction  of  parliament 
on  account  of  their  not  being  reprefented;  that 
there  are  many  perfons  of  property,  and  large  towns 
in  England  who  do  not  vote  in  the  election  of  repre- 
fentatives  to  parliament,  yet  are  bound  by  its  laws, 
&c.  There  is  no  borough,  city,  town,*  or  fhire  in 
England,  nor  any  man  of  competent  eftate  and  a 
fubject  of  the  kingdom,  but  what  may  have  a  voice 
in  the  election  of  reprefentatives  to  parliament  •,  if, 
therefore,  fome  do  wave  a  privilege  which  they  might 
enjoy,  their  ftupidity  ought  to  be  a  warning,  and  not 
an  example  for  the  Americans  to  imitate  :  Nor  doth 
it  by  any  means  follow,  that  becaufe  fome  are  bound, 
who  might  and  will  not  fend  reprefentatives  -,  that 
therefore,  the  parliament  hath  right  to  bind  all,  even 
thofe  who  cannot,  if  they  would,  b- represented.  Be- 
fides,  every  member  of  parliament,  though  chofen  by 
one  particular  diftrict,  when  elected  and   returned, 

ferves 


t    4i     1 

ferves  for  the  whole  realm ;  and  no  laws  or  taxes  affi 
made  and  impofed  on  fuch,  but  what  equally  affect 
thofe  that  make  them,  and  their  conftituents;  The 
cafe  of  the  unreprefented  Americans  is  directly  the 
r^verfe  ;  they  cannot  be  reprefented,  and  the  bur- 
thens laid  on  them  proportionably  alleviate  the  bur- 
thens of  thofe  that  impofe  them*  and  their  conftituents. 
Again,  it  may  be  objected,  that  feveral  acts  of 
parliament  refpecting  America,  have  been  acquiefced 
in,  &c.  Neither  the  parliament's  making  laws,  nor 
the  American's  acquiefcing  therein,  can  create  an  au- 
thority to  make  them  on  one  hand,nor  an  obligation  to 
obey  them  on  the  other,  though  they  may  beconfidered 
as  iome  evidence  thereof.  From  the  jfirft  fettlernent  of 
the  colonies,  to  the  conclufion  of  the  laft  war,  no  tax-^ 
es,  or  duties  have  been  claimed*  or  impofed  by  act  o£ 
parliament  in  America,  for  the  purpofe  of  railing  a 
revenue,  unlefs  the  act  refpecting  the  pofi>ofrlce  is 
confidered  as  fuch.  The  firft  act  that  was  made  to 
extend  to  America,  equally  extended  to  Afia  and  A- 
frica^  and  was  made  in  the  12  th  of  Charles  II.  mere- 
ly for  the  regulation  of  trade;  requiring  all  Englifh 
goods  to  be  ihipped  in  Englifh  vefTels,  and  navigated 
by  Englifh  mariners.  The  25th  of  the  fame  reign 
produced  the  firft  act  that  impofed  duties  for  any 
purpofe  in  America,  and  the  preamble  declares  it  to 
be  for  the  regulation  of  trade  only-,  nor  are  the  avails 
appropriated  to  any  part  of  the  revenue:  Yet  this 
produced  an  infurrection  in  Virginia,  agents  were 
fent  to  England  on  the  account  y  and  a  declaration 
obtained  from  the  King  under  his  privy  feal,  dated 
April  19th,  A.  D.  1676  "  That  taxes  ought  not  to 
"  be  laid  upon  the  proprietors  and  inhabitants  of  the 
M  colony,  but  by  the  common  confent  of  the  Gene- 

F  !!  rai 


C     4*      ) 

4  ral  AfTembly."  The  other  acts  that  refpeftcd  the 
colonics,  except  the  7  and  8  of  Will.  III.  antea,- 
were  for  the  regulation  of  trade  only,  until  of  late-, 
the  duties  were  never,  acquiefced  in,  were  always 
inurmered  at,  protefted  againft,  as  being  oppreflive 
and  unjtiif,  and  eluded  as  far  as  poflible.  And  as 
the  trade  of  the  colonies  was,  of  choice,  principal- 
ly with  Grest.Britain  and1  the  JSritifh  Iflands,  many 
of  thofe  acts  did  not  much  affect  them  in  their  intereft 
or  inclination.  If  fuch  an  acquiefcence  may  becon- 
ilrued  a  fubmiiTion  to  acls  of  parliament  •,  the  nonuf- 
er  of  fuch  power  by  parliament,  for  fo  long  a  time,- 
rnay,  with-  greater  reaion,  be  conftrued  a  relinquish- 
ment thereof.  For  the  non.ufer  of  a  power,  by  thofe 
that  are  able  to  excrcife  fuch.  power,  is  greater  evi- 
dence againft  the  exifience  of  it,  than  the  non-refiftence 
of  thoufands  is  for  it,  who  are  incapable  of  making 
refiftance. 

But  it  will  be  (aid  that  the  poll-office  in  America 
was  by  acl:  of  parliament  and  is  for  the  exprefs  pur- 
-fdfe  of  railing. a  revenue. 

The  poft-office  is  a  convenient  and  ufeful  Infci- 
tiltion,  and  on  jthat  account,  it  hath  been  received 
and  tifed  in  America,  and  not  on  account  of  the  acl: 
of  parliament;  and  derives  all  its  authority,  in  A- 
merica,  from  its.  being  received  and  adopted  there  : 
As  many  of  ;the- rules  of  the  Roman  civil  law,  are 
received  -and:  .adopted  by  univerfal  confent  in  Eng- 
land, and  are.  obligatory  upon  the  people,  not  from 
the  authority  of  the  Roman  Emperors  that  ordained 
them,  but  from  their  own  acl  in  receiving  and  adopt- 
ing them.  Further,  the  acl  of  parliament  forbids  all 
pcrfons  to  carry  or  tranfport  any  letters,  &c.  by  land 
~«r  water,  on  pain  of  fevere  penalties,  except  &he  poft- 

mafter 


C     4*    1 

matter  or  his  deputies  •  And  it  is  v/ell  known,  that 
this  part  of  the  act  was  daily  violated  •,  yet  no  peribri 
was  ever  prolecuted  :  Which  mews  that  the  potl-of- 
free  in  America  was  not  fuch,  as  the  parliament  had 
enacted  ;  but  fuch  as  the  univerfal  content  and  prac- 
tice of  the  people  there  had  made  it ;  and  alio,  how  lit- 
tle deference  is  paid  to  acts  of  parliament  in  Ame- 
rica. 

•  From  all  the  cafes  of  pretended  acquiefcence  to 
acts  of  parliament,  nothing  can  be  inferred  favoura- 
ble to  the  jurisdiction  of  parliament,  for  either  it  was 
for  the  intereft  of  the  Americans  to  comply  with 
them,  or  it  was  not  ;  if  the  former,  then  they  com- 
plied, not  from  a  principle  of  obedience  to  them  •, 
but  from  motives  of  intereft:  and  inclination  •,.  if  the 
latter,  then  they  demonstrate  ths  incompetency  of  par- 
liament to  make  laws  for  the  Americans;  who  thro* 
rgnorance,or  fonle  other  principle,  hath  enjoined  what 
fs  prejudicial.  And  no  wife  conftitution  would  veil 
a  power  in  any  body  of  men,  who,  from  their  fitu ac- 
tion and  circumftances,  are  and  mult  be,  necefiarily 
incompetent  for  the  proper  exercife  of  it. 

•  It  may  be  objected,  that  all  theie  charters  and  co- 
lony conftitutions  were  made  by  and  with  the  King, 
in  his  political  capacity,  as  the  fupreme  head  of  the 
kingdom ;  and  that  whatever  he  doth  as  fuch,  is  in 
virtue  of  authority  derived  from  the  kingdom  ;  and 
for  the  ufe  and  benefit  thereof,  and  not  with  and  for 
the  King  only. 

These  conftitutions,  are  either  the  compacts  of 
both  the  king  arid  kingdom  of  Great-Britain  with  the 
colonies ;  entered  into  by  the  King  for  himfelf,  and 
in  behalf  of  hfc  kingdom,  or  they  are  the  compacts 
«f  the  King  only. 

If 


[    u    ]. 

If  the  former,  then  the  kingdom  of  Great-Britain, 
us  well  as  the  King,  is  a  party  to  them,  bound  and 
concluded  by  them*  and  can  have  no  greater  authori- 
ty over  the  colonics,  than  is  therein  exprefsly  ftipu- 
lated,  and  in  no  other  manner  than  is  therein  provid- 
ed. For  if  the  kingdom  will  take  the  benefit  of  the 
King's  ads,  it  muft  in  thofe  refpects,  be  likewife 
bound  by  them.  And  there  is  not  the  leaft  colour  of 
legiflative  authority  in  the  colony  conftitutions,  fli- 
pulated  or  referved  to  the  parliament,  over  the  per- 
sons or  properties  of  the  Americans,  except  in  one  or 
two  inftances,  which  are  altogether  lingular,  and  as 
abfurd  as  lingular,  but  full  and  compleat  power  of 
legiflation  is  veiled  in  the  General  AiTemblies  of 
the  feveral  colonies— fubject  only  in  fome,  to  the 
royal  diffent  within  a  limited  time  ;  and  to  have 
the  colony  AfTemblies,  fubject  at  the  fame  time  to 
the  legiflative  power  of  Parliament,  would  be  confti- 
tutirg  an  imperium  in  imperioy  one  fupreme  power 
within  another,  the  height  of  political  abfurdity, 

But  if  thefe  conftitutions,  are  the  compacts  of  the 

King,  only  with  the  colonies,  then  the  kingdom  and 

parliament  of  Great-Britain  have  no  power  over  them, 

rnore  than  they  and  their  AiTemblies  have  over  the 

kingdom  and  parliament,  for  they  are  diftinct  filler 

Hates,  neither  having  any  power  or  authority  over  the 

other.    And  that  thefe  conftitutions,  were  entered  into 

and  granted  by  the  King  for  himfelf  only,  is  evident, 

in  that, no  mention  is  made  in  them  of  the  parliament, 

except  as  above,  and  in  them  the  refervation  is  void, 

:"ft  Magna  Charta:  Or  ot  their  being  made 

•  behalf  of  himfelf  a^i  kingdom  5  and 

'  te  King  is  capabSg  of  doing  ;  for 

':.!  in  his  natural  ca^  acity  as  a  man, 

is 


£     45     J 

is  fubject  to  all  the  frailties  of  human  nature,  hath 
fenfations  of  pleafure  and  pain,  which  are  his  own, 
and  may  make  contracts  and  be  bound  by  them,  al- 
though in  his  political  capacity  he  is  by  way  of  emi- 
nence ftiled  perfect,  &c. 

In  his  political  capacity  he  alfo  hath  certain  prero- 
gatives, royal  rights  and  intereffo,  which  are  his  own, 
and  not  the  kingdom's ;  and  thefc  he  may  alienate  by 
gift  or  fale,  &c. 

Should  France  offer  the  King  of  Great-Britain  the 
crown  of  that  kingdom,  and  he  accept  it  •   could  not 
France  be  fubject  to  the  King,  without  being  fubject 
to  the  kingdom  of  Great-Britain,  and  fubordinate  to 
the  power  of  parliament  ?    Upon  thefe  principles, 
mould  the  King  of  England  be  elected  Emperor  of 
Germany,  the  Britifli  parliament,  would  legiflate  for 
the  whole  Germanic  body.  And  the  cafe  would  not  be 
otherwife,  with  a  people  in  a  ftate  of  nature,  that 
fliould  make  choice  of  the  King  of  Great-Britain  for 
their  King,  and  he  accept  thereof,  they  would  not 
thereby,  elect  the  kingdom  for  their  matters  nor  be 
fubjected  to  its  parliament.   Thus,  whether  thefe  con- 
ftitutions  are  confidered  as  the  compacts  of  the  King 
and  kingdom  of  Great- Britain,  or  only  of  the  King, 
the  colonies  are  clearly  out  of  the  reach  of  the  jurif- 
diction  of  parliament,— and  it  is  evident  that,  they 
were  originally  intended  fo  to  be,  and  all  the  advan- 
tages expected  from    them  by  Great-Britain,  were 
their  trade,  which  has  far  exceeded  their  molt  fan- 
guine  expectations.     For  thefe  con  dilutions  were  not 
entered  into  and  granted  by  the  King  in  virtue  of  his 
being  the  King  of  Great-  Britain  >y  the  King  of  France 
orPruflia  might  have  done  the  fame  ;  or  any  indivi- 
dual, the  Americans  fhould  have  elected  for  their 

King. 


[     46     J 

King.  (  The  force  and  authority  of  thefe  conftituti- 
6ns,  is  not.  derived  from  any  antecedent  right  in  i! 
crowa of  Great-Britain  to  grant  them  y  but  from  the 
mutual  agreements  "and  ftipulatioris  contained  in  them, 
between  the  crovyn  of  Great-Britain  and  the  colonies'. 

Further,  it  is  objected,  that  the  Settlement  of  the 
crown  is  by  aft  of  parliament;  and  the  colonies  do 
acknowledge  him  to  be  their  King,  on  whom  the 
crown  is  thus  fettled,  confequently  in  this  they  do 
recognize  the  power  of  parliament. 

The  colonies  do  and  ever  did  acknowledge  the 
power  of  parliament  to  fettle  and  determine  who  hath 
right,  and  who.  (hall  wear  the  crown  of  Great-Britain'^ 
but  it  is  by  force  of  the  conftitutions  of  the  colo- 
nies only,  that  he,  who  is  thus  crowned  King  of 
Great- Britain,  becomes  King  of  the  colonies.  One 
defignates  the  King  of  the  colonies,  and  the  other 
makes  ■  him  fo. 

Lastly  it  is  objected,  that  in  all  civil  ftates  it  is 
necelfary,  there  mould  fome  where  be  lodged  a  fu- 
preme  power  over  the  whole. 

The  truth  of  this  objection  will  not  be  contefted  ; 
but  its  application  in  the  preient  argument  is  t©  be 
confidered.  If  Great-Britain  and  America  both  con- 
ftitute  but  one  civil  ftate,  then  it  is  necelfary  that 
there  ihould  be  one  fupreme  power,  lodged  either  in 
Great-Britain  or  America,  in  fuch  manner  as  is  con- 
fident with  the  liberties  of  the  fubjefts.  But  if  they 
are  diftinft  dates,  then  it  is  neceflary,  that  there 
ihould  be  a  fupreme  power  lodged  in  each.  The  on- 
ly thing  then  to  be  done  is  to  prove,  that  Great-Bri- 
tain and  America  are  diftinft  ftates.  And  this  point 
•hath  been  already  confidered  -,  To  that  little  new  can 
be  faid  upon  it.     Hdwcver  it  may  be  obferved,  that 


.-[     47     3 


a  civil  date,  is  a  country  or  body  of  people  that  are 
connected  and  united  under  one  and  the  fame  consti- 
tution'of  civil  government  i  by-this  the  kingdom's 
and  dates  in  Germany  and  other  parts  of  Europe  are 
diftinguiflied  and  known.  Now  there  is'  no  fuc'h  ci- 
vil conditution  exiftmg,  as  tha*t  of  Great-Britain  and 
America. 

Great-Britain  hath  its  civil  conflitution  ;  the 
Colonies  have  their's  5  and  though, the  fpirit  and  prin- 
ciples ef  them  are  fibular,  yet  the  conftitutions  of  the 
.two  countries  are  entirely  did  met  and  feveral  :  The 
,  conditution  of  Great-Britain  is  not  the  conditution  of 
the  colonies,  nor  vice  verfa.  They  are  two  countries, 
three  thoufand  miles  didant  froni  each  other,  inhabit- 
.  ed  by  different  people,  under  diflincTh  conllitutions 
of  government,  with  different  cuftoms,  laws  and  in- 
tereds,  both  having  one  King.  Now,  if  any  can  be- 
lieve that  Greatr-Bntain  and  America  are  but  one  ci- 
vil date,  they  mull  overthrow  the  doctrine  of  identi- 
ty and  diverfity,  confound  all  didinctions  in  nature, 
and  believe  that  two  is  one  and  one  is  two.  Further, 
they  are  and  mud  be  didinct  dates  from  the  nature  ef 
their  fituation,  and  in  order  to  their  enjoying  the  pri-i 
vileges  of  their  refpective  governments.  And  the 
conftitutions  of  civil  government  ought  to  be  erected 
on  the  foundation  of  reafon  and  be  conformable  to 
the  nature  of  things ;  nor  is  it  difficult  to  conceive 
of  two  didinct  countries,  independent  of  each  other, 
'  each  having  its  own  civil  conllitutions,  laws,  parlia- 
ments, courts,  commerce  and  intered,  united  under 
one  fovereign  Prince.  And  would  it  be  necefTary 
that  there  mould  be  in  one  of  thefe  dates,  a  fupreme 
power  over  the  perfons  and  properties  of  the  other  ? 
If  it  would,  then  it  follows,  that  it  would  be  nccefla 

r* 


t  48  ] 

*y  in  fuch  cafe  that  the  fubjedb  of  one  fhould  be  flavea 
to  the  other,  incapable  of  liberty  or  property.  Are 
not  Hanover  and  Saxony  diftincl:  dates,  both  within 
the  empire,  and  fubordinate  to  the  imperial  crown  of 
Germany  ?  They  are.  And  isx  not  this  the  cafe  of 
Great-Britain  and  America  ?  Two  diftincl:  ftates,  or 
countries  under  one  fovereign  Prince,  both  equally 
his  fubjects  and  incapable  of  being  (laves  ?  Each  in- 
verted with  plenary  powers  of  government,  in  their 
feveral  countries  ?  This  is  really  the  fituation  of  the 
colonies  -,  and  not  to  admit  of  a  fyftem  ©f  civil  go- 
vernment, adapted  to  their  fituation,  or  to  infift  on 
the  exercife  of  fuch  powers  over  them,  as  are  incon- 
fiftent  with,  and  fubverfive  of  their  natural  and  confti- 
tutional  rights  and  liberties,  is  really  pointing  the 
controvcrfy,  not  merely  at  the  Americans,  but  at 
the  great  former  and  ruler  of  the  univerfe,  for  making 
and  fituating  them  as  they  are.  From  all  which  it 
follows  that  the  colonies  arc  diftincl:  ftates  from  that 
of  Great-Britain  •,  have  and  ought  to  have  a  fupreme 
power  of  government  lodged  in  them. 

Thus,  the  queftion  is  reduced  to  a  fingle  point,  ei- 
ther the  parliament  hath  no  fuch  power  over  the  per- 
fons  and  properties  of  the  Americans  as  is  claimed,  or 
the  Americans  are  all  (laves.  Slavery  confifts  in  being 
wholly  under  the  power  and  controul  of  another,as  to 
©ur  actions  and  properties  :  And  he  that  hath  authority 
to  reftrain  and  controul  my  conduct  in  any  inftance, 
without  my  confent,  hath  in  all.  And  he  that  hath 
right  to  take  one  -penny  of  my  property,  without  my 
confent,  hath  rig.  ;<ke  all.  For,  deprive  us  of 
this  barrier  of  qui  :i  :>  and  properties,  our  own 

#onfent  •,  and  there  ne  fecurity  againft  tyran- 

ny and  abfolute  defpotifi*  c.  -ndt  and  total  ab- 

jec> 


[     49     ] 

ject,  mifer'able  (la very  on  the  other.  For  power  Is 
entire  and  indivifible»,  and  property  is  fingle  and 
pointed  as  an  atom.  All  is  our's,  and  nothing  can 
be  taken  from  us,  but  by  our  confent  •,  or  nothing 
is  our's,  and  all  may  be  taken,  without  our  confent. 
The  right  of  dominion  over  the  peribns  and  proper- 
ties of  others,  is  not  natural,  but  derived  %  and  there 
are  but  two  fources  from 'whence  it  can  be  derived  •, 
from  the  almighty,  who  is  the  ablblute- proprietor  of 
all,  and  from  our  own  free  confent.  Why  then  wran- 
gle we  fo  long  about  a  quefticft  fo  fhort  and  eafy  of 
decifion-j  ?  Why  this  mighty  din  of  war,  and  gar- 
ments roll'd  in  blood  •,  the  leas  covered  with  fleets, 
the  land  with  armies,  and  the  nation  rulhing  on 
fwift  deflruclion  ?  Let  the  parliament  (hew  their  war- 
rant, the  diploma  and  patent  of  their  power  to  rule 
over  America,  derived  from  either  of  the  above  foun- 
tains, and  we  will  not  contend  ;  but  if  they  cannot, 
wherefore  do  they  contend  with  us  ?  For  even  a  cul- 
prit has  right  to  challenge  of  the  executioner,  the 
warrant  of  his  power,  or  refute  fubmjiTion, 

The  quellion  is  not  whether  the  king  is  to  be  o- 
beyed  or  not-,  for  the  Americans,  have  ever  recognized 
his  authority  as  their  rightful  fovereign,  and  liege 
lord  ;  have  ever  been  ready,  with  their  lives  and  for- 
tunes, to  fupport  his  crown  and  government,  accord- 
ing to  the  constitutions  of  the  nation  %  and  now  call 
upon  him  as  thejr  liege  lord  (whom  he  is  bound  to 
protect)  for  protection,  on  pain  of  their  allegiance^ 
againftthe  army,  levied  by  the  Britifh  parliament,  a- 
gainft  his  loyal  and  dutiful  fubjects  in  America. 

Nor  4s  thequeftion  Whether  the  Americans  would 

be  independent  or  not,  unlefs  the  flate  they  haveever 

enjoyed  hath  been  fuch  ♦,  for  they  ever  have  acknow- 

G  kdged 


.     [    5o     ] 

ledged  themfelves  to  be  fubjedts  of  the  king,fubordi- 
nate  to,  and  dependent  on  the  crown,  but  not  on  the 
parliament  of  Great- Britain,  unlefs  any  mould  think 
there  is  no  medium  between  fubmiflionto  parliament, 
and  perfect  independance.— But  the  queftion  is,  Whe- 
ther the  parliament  of  Great-Britain  hath  power  over 
the^erfons  and  properties  of  the  Americans,  to  bind 
the  one,  and  difpofe  of  the  other  at  their  pleafure  ? 
Hear  the  language  of  parliament  in  their  ads  difpof- 
ing  of  the  property  of  the  Americans  :  "  We^  your 
"  Majeftfs  dutiful  fubj eels ^  the  Commons  of  Great- Bri- 
tc  fain,  in  parliament  cffembled,  have  therefore  refohed 
"  to  give  and  grant  unto  your  Majefly^  the  fever  al  rates 
"  and  duties  hereinafter  mentioned^  &c.  in  America ."--- 
Here  the  Commons  in  England  are  pluming  them- 
felves on  their  great  liberality  to  their  fovereign,  with 
the  property  of  the  Americans,  as  though  it  was  all 
their  own.  If  the  parliament  have  no  fuch  power  as 
is  claimed,  their  invading  our  rights,  and  in  them  the 
rights  of  the  conftitution,  under  pretence  of  autho- 
rity ;  befieging  and  defolating  our  lea  ports,  employ- 
in  &  dirty  tools,  whofe  fordid  fouls,  like  vermin*  de- 
light to  riot  on  filth  ;  to  practice  every  artifice  to  fe- 
duce,  that  they  may  the  eafier  deftroy  •,  with  money 
tempting,  with  arms  terrifying  the  inhabitants,  to  in- 
duce and  compel  a  fervile  fubmifiion ;  is  trea- 
fon  againft  the  kingdom,  of  the  deepeft  die,  and 
blacked  complexion  :  whereby  the  conftitution,  that 
firm  foundation  of  the  nation's  peace,  and  pillar 
of  government  that  fupports  the  throne,  is  fhakeii  to 
its  very  bafis  •,  the  kingdom  rent,  and  devided  a- 
gainft  itfelf  -,  and  thofe  fons  of  thunder  that  mould  be 
the  protectors  of  its  rights,  are  become  its  deftroyers. 
Nor  will  American  freedom  fall  alone  ;  Great-Bri- 
tain's 


C     51     ] 

tain's  fhakes^  totters,  and  muft  tumble  likewife,  nor 
long  furvive  the  catailrophe  :  And  the  Americans 
refilling  the  meafures,  and  defending  againft  the  force 
ufed  to  accomplifti  thefe  dreadful  events,  and  precipi- 
tate the  nation  into  total,  irreparable  ruin  and  de- 
ftrudion,  are  deeds  of  the  greateft  loyalty  to  their 
king,  and  the  conftitution  that  fupports  him  on  the 
throne,  and  of  fidelity  to  his  government.  For  fub- 
jects  to  levy  war  againft  their  king,  is  treafon,  but  the 
king's  levying  war  againft  his  fubjedts,  is  a  crime  of 
royal  magnitude,  and  wants  a  name.  Should  the 
king  of  France  join  with  the  enemies  of  his  kingdom, 
and  levy  war  againft  his  fubjects,  would  he  notwith- 
ftanding,retain*his  royal  authority  over  them,  and  they 
be  incapable  of  defence  againft  fuch  an  unnatural  at- 
tack, without  incurring  the  crime  of  treafon  and  re- 
bellion ?  If  fo,  wo  !  to  the  inhabitants  of  kingdoms, 
for,  by  reafon  of  their  kings,  the  earth  would  be  made 
de  lb  late. 

Let  none  be  difmayed  at  the  ftrength  and  power 
of  our  oppreffors  -,  nor  at  the  horrors  of  war  -  into 
which  we  are  compelled,  for  the  neceffary  defence  of 
our  rights.  Can  we  expect  the  laurels,  without  en- 
tering the  lift  ?  To  be  crowned  without  being  tried  ? 
The  faireft  fruits  are  always  moft  obnoxious  to  the 
birds  of  prey :  Englifh  liberties,  the  boaft  and. 
glory  of  the  nation,  the  admiration  of  its  friends,  and 
envy  of  its  foes  •,  were  obtained,  fword  in  hand,  from 
king  John,  by  his  free  and  ipirited  barons  ;  and 
what  rivers  of  blood  have  been  fhed,  to  maintain  and 
defend  them,  againft  the  encroachments  of  fucceeding 
kings,  to  the  time  of  the  glorious  revolution,  is  well 
known  to  all,  acquainted  with  the  Englifh  hiftory. 
Such  is  the  ftatc  of  the  world,  that  the  way  to  free- 
dom 


r.  5%  ] 

dom  and  glory,  is  a  way  of  danger  and  conflict.  The 
road  to  Canaan  was  through  the  defert  and  the  deep  ; 
and  the  grave  is  the  fubterranean  path  to  celeftial 
blifs.  And  let  it  not  be  forgotten  that  thofc  of  Ifrael 
whole  hearts  failed  them  through  fear  of  being  de- 
ftroyed  by  their  enemies,  and  difcouraged  their  bre- 
thren, were  destroyed  of  their  maker.  Nor  ought 
any  to  think,  by  joining  themfelves  to  the  enemies  of 
their  country,  they  mall  efcape,  however  fair  the  pro- 
mifes,or  great  the  reward;  and  though  they  fhould  not 
meet  with  their  deferts*  from  the  hands  of  their  injur- 
ed countrymen:  for  the  minifter,  wants  your  afiiftance 
to  deirroy  your  fellows,  only,  that  yourfelves  may  be 
the  eafier  deftroyed  ;  and  when  you  have  done  his 
drudgery,  you  will  become  his  prey.  '  Divide  &  im- 
fefa,  divide  &  diftrus,  divide  &  command,  divide  and  de- 
/trcy,  are  maxims  of  deep  policy,  fabricated  in  a  very 
old  cabinet. 

IV.  I  fhall  now  proceed  in  the  I  ail  place  to  consi- 
der this  queftion  in  another  light,  viz.  the  equity  of 
the  demand  made  upon  the  colonies,  and  of  the  man- 
ner in  which  it  is  made.  The  ill  policy  of  fuch  mea- 
fufes,  having  in  a  molt  inimitable  manner,  been  con- 
fidered  and  expofed  by  thole  illuftrious  patriots,  the 
Earl  of  Chatham,  Burke,  Barre,  the  Bifhopof  Afaph, 
5rc.  (whofe  names  and  memories  no  diftance  of  place 
or  time,  will  be  able  to  obliterate  from  the  grateful 
minds  of  the  Americans)  with  fuch  dignity  of  fenti- 
rr.cjjt,  energy  and  peripecuity  of  reafen,  fuch  recti- 
tude of  intention,  uncorruptnefs  and  candor  of 
difpofition,  and  with  fuch  force  of  elocution,  as  muft 
have  rendered  them  irrefiftable,  only  by  the  omnipo- 
tence of  parliament. 

Great-Britain  can  have  no   demands  upon   the 

old 


[     53     ] 

old  colonies,  except  for  afiiftance  afforded  them  a- 
gainft  their  enemies  in  war,  and  protection  to  their 
trade  at  Tea  ;  for  the  lands  were  neither  acquired  or 
fettled  at  the  expe-nce  of  the  crown.  New  York,  in- 
deed, was  obtained  by  conqueft  from  the  Dutch, 
without  much  rifk  or  lofs  •,  and  was  afterwards  in  the 
treaty  at  Breda,  A.  D.  1667,  confirmed  to  the  Eng- 
lifh  in  exchange  for  Surinam.  Nor  have  thofe  colo- 
nies fmce,  been  any  expence  to  the  crown,  either  for 
fupport  of  their  governments,  or  inhabitants  :  And 
the  Americans  have  had  no  enemies  but  what  were 
equally  the  enemies  of  Great- Britain  ;  nor  been  en- 
gaged in  any  wars,  but  what  the  nation  was  equally 
engaged  in,  except  the  wars  with  the  Indians  -,  which 
they  carried  on  and  maintained  themfelves.  It  "will 
be  neceffary  to  ftate  the  advantages  the  Americans 
have  been  to  Great-Britain,  as  well  as  thofe  they  have 
derived  from  thence,  by  affiftance  afforded  in  the  wars, 
and  by  comparing,  ftrike  the  ballance. 

From  the  fir  ft  fettlement  of  the  colonies,  they  have 
been  almoft  continually  engaged  in  a  bloody  and  ex- 
penfive,  tho*  fuccefsful  war  with  the  French  and  Indi- 
ans, on  theirfrontiers,  until  the  reduction  of  Canada  •, 
whereby  their  fetdements  were  extended;  and  by  a  ra- 
pid population,  the  number  of  inhabitants  have  been 
greatly  encreaied  ;  and  the  trade  to  England  pro- 
portionably  augmented.  In  A.  D.  1690,  Sir  William 
Phips  railed  an  army  inNew-England,  tookPortRoyai, 
or  Annapolis,  in  Nova- Scotia,  from  the  French  ;  and 
reduced  another  fettlement  of  confiderable  confe- 
quence,  at  the  mouth  of  the  river  St.  John's,  on  the 
Bay  of  Fundy,  both  which,  king  William  ceded  to 
the  French  at  the  peace  of  Rifwick,  A.D.  1697  •  and 
received  an  equivalent  for   them.     In  A.D.    1703, 

the 


r  5+  j 

the  beginning  of  Queen  Ann's  war,  Annapolis  was 
retaken,  by  the  New-England    people.     Afterwards 
Sir  William  Fhip.s,  with   the  New-England   People, 
attempted  the  reduction  of  Canada,  and  was  obliged 
to  return,  not  by  the  arms  of  the  enemy,  but  by    the 
feverity  of  the  feafon  coming  en  earlier    than   ufual : 
However,  he  built  a  fort  on  the  mouth  of  Pemaquid 
on  the.frontiers  of  the  country,  which  reduced  all  the 
Indians,  North  Weil  of  Merimac   river,    under  the 
crown  of  England.     By  theie  fucceffes,  Great-Britain 
was  induced  to  engage  in  an  expedition  againfl  Que- 
bec.     In  A.  D.    1711,    Admiral  Walker  was  fent 
to  Bofton,  with  a  fleet,  and  fome  land  forces  •,  New- 
England  furnifhed  their  quota  of  troops  for  the  expe- 
dition •,  but  by   reafon  of  the  great   fogs,  .and  fome 
miftake  of  the  pilot's,  part  of  the  fleet  was  ftove  upon 
the  rocks  •,  eight  hundred  of  the   men   loft,   and   the 
expedition   rendered    abortive.     Annapolis,  and   all 
Nova-Scoria  was  confirmed  to  Great-Britain,  at   the 
peace  of  Utrecht,    A.  D,    1713-,  whereby    all   that 
country,  its  valuable  fimeries,  and  trade,  were    added 
to  the  crown  of  Great-Britain.     Not  to  mention    the 
ineffectual,  but  coftly  expedition,  formed  by  the  New- 
England  people  againffCanada,inA.D.i740-,  and  that 
againil  the  Iiland  of  Cuba,  at  another  tirfie.     On  the 
16th  of  June,  A.D.  1745,  the  important    fortrefs    of 
Louifbourgh  furrendered   to    Commodore  Warren, 
and   Mr.    Pepperel ;  reduced    by   a  long  and  peril- 
ous fiege  of  forty-nine  days  (through  the   fmiles    of 
heaven)  by  the  valour  and  intrepidity   of  American 
troops,  affifted  by  Commodore  Warren,  with  a  I'm  all 
fquadron  in  the  harbour  -,  by  which,  the    command 
of  the  Newfoundland  fifhery,  the  gulph  of  St.   Law- 
rence, the  only  pafs  by  fea  to  Quebec,   the  capital  of 

the 


[     55     ] 

the  capital  of  the  French  fettlements  in  America,  fell 
into  the  hands  of  the  Engliih,  and  which  afterwards 
purchafed  the  peace  of  Europe,  and  procured  to  the 
crown  of  England,  in  the  peace  of  Aix  Chappelle, 
fundry  important  places  that  had  been  taken.  Thus, 
the  Americans  laboured,  fought  and  toiled  •,  and  the 
Britons  reaped  the  advantage.  The  noble  exertions 
of  the  Americans,  and  the  part  they  took  in  the  lad 
war  ;  their  laudable  emulation  to  be  foremoft,  in 
complying  with  the  requifitions  of  their  icvereign  ; 
their  troops  contending  for  Rations  of  danger,  as  pofts 
of  diftindbion  ;  efteeming  their  lives  and  their  pro- 
perties, an  inconfiderable  faenfice,  for  the  glory  of 
their  king,  and  the  renown  of  his  arms  •,  and  the  lar^e 
levies  of  men  and  money  made  by  them,  are  frefh  in 
every  one's  memory.  The  amazing  advantages  de- 
rived from  the  war  in  America,  to  the  crown  and 
kingdom  of  Great-Britain,  is  alio  well  known.  The 
whole  eaftern  and  northern  country,  the  New-found- 
land  fifhery,  trade,  and  navigation,  a  foureeof  bound- 
lefs  wealth-,  the  ifland  of  Cape-Breton,  the  extenfive 
country  of  Canada  and  Louifiana,  from  the  arctic 
pole,  to  the  tropic  of  Cancer,  with  their  train  of 
fortrefTes,  lakes,  &c.  the  peltry  and  furr  trade  of  that 
whole  country,  with  the  almoft  incxhauftable  treafures 
of  the  Havanna  •,  a  harveft  in  which  the  Americans, 
with  the  Britons,  bore  the  heat  and  burthen  of  the 
day  •,  yet  the  Americans  fhared  little  or  none  of  the 
fruit,  except  being  delivered  from  troublefome 
neighbours,  on  their  frontiers,  and  fome  individuals 
drawing  a  mare  in  the  plunder,  at  the  Havanna.  And 
what  a  mighty  acceffion  of  weight  and  importance 
was  this,  to  the  crown  of  Great- Britain,  in  the  fcale 
of  power,  among  the  European  ftates  and  princes  ! 
But  why  need  I  dwell  upon  thefe  ?  At  the  condufion 

of 


[     56     } 

of  the  1  aft  war,  juftice  fwayed  the  fceptre  •,  and  a 
a  righteous  minifler  had  the  royal  ear  ;  the  Americans 
Were  confidered  as  creditors  to  the  nation  •,  and  thou- 
fands  of  pounds  were  fent  over  to  reimburfe  them. 
But  Oh  !  the  fad  reverfe  of  times,  minifters  and  of 
meaiures  ! 

In  the  next  place,  let  me  enquire,  in  refpect  to  the 
protection  afforded  our  trade  at  lea.  Our  trade,  from 
inclination  and  choice,  hath  been  principally  with 
Great-Britain  and  the  Britifh  ifles,  and  like  the  trade 
in  all  cafes,  carried  on  between  an  infant  country,  in 
want  of  all  kinds  of  manufactures,  and  an  eld,  weal- 
thy, manufacturing  kingdom.  Oui's  was  of  neceffi- 
ty  and  for  confumption  -,  their's  for  profit  and  ad- 
vantage. They  purchafed  of  us  our  raw  materials, 
and  fold  to  us  their  wrought  manufactures  •,  both  at 
their  own  price,  and  at  their  own  ports.  In  this  view 
of  the  matter,  muft  it  not  be  fuppofed,  that  the  ad- 
vantages of  this  trade  to  that  kingdom,  amply  paid 
for  its  protection  •,  and  their  motives  to  protect  it 
were  thier  own  emolument  and  profit  ?  But  this  will 
be  more  fully  illuftrated,  when  we  confider,.  that  the 
amount  of  the  trade  between  Great-Britain,  and  the 
colonies,  at  a  medium  for  three  years,  before  it  was 
interrupted  by  thefe  unhappy  difputes,  is  computed 
at  about  three  millions,  three  hundred  and  eighty-five 
thoufand  pounds  per  annum  :  From  which  deduct  a 
certain  proportion,  for  raw  materials,  that  are  import- 
ed into  England,  which  is  comparatively  inconfider- 
able*,  the  remainder  is  a  clear  profit  and  gain  to  Great- 
Britain  -,  and  is  divided  between  the  public  exche- 
quer^ and  private  coffers— for  the  whole  coft  of  the 
raw  materials,  the  duties  on  the  importation  of  them, 
the  manufacturer's  labour,  his  living  and  his  family's, 
his  taxes  upon  his  houfe,  windows,  fait,  foap,.  candles, 

coal, 


[     57     J 

coal,  Sec.  Sec.  Sec.  upon  his  eatables,  his  drinkables, 
and  cloathing  •  thofe  of  his  family,  his  apprentices  a*l 
journeymen  ;  and  not  only  fo,  but  alfo  the  taxes  his 
fhoemaker,  weaver,  and  raylor  paid,  when  working  for 
him;  the  merchants  profits,  the  charges  of  b a itage, 
truckage,  freight,  infurance  •>  and  the  duties  upon  the 
articles  themfelves,  all  go  in  to  make  up  the  price,  and 
are  paid  by  the  American  coniumer.  In  this  view  of  the 
matter,  I  believe  I  am  within  bounds  to  fuppoie,  that  the 
direct  trade,  (leaving  out  of  the  queition  the  cercuitous 
trade  by  way  of  the  Weft-Indies  and  other  parts)  neats  a 
profit  of  three  millions  coGreat-Britain:  And  near  one  hair 
-of  that  fum,  is  made  up  of  taxes  and  duties,  which  are 
paid  in  hngland  ;  whereby  the  public  revenue  isfo  much 
increafed  Sc  eventually  is  actually  paid  by  the  Americans. 
Can  any  fuppofe,  that  this  is  not  an  ample  compen- 
fation,  for  all  the  protection  afforded  our  trade  at  lea  ? 
What  nation  in  Europe  would  not  rejoice  to  receive  our 
trade  on  thefe  terms,  and  give  us  thoufands  for  its  pur- 
chafe  }  But,  upon  fuppoiition  it  is  not  fufficient,  and 
that  the  colonies  are  indebted  to  them  ;  ought  thev  not 
to  ftate  the  account,  that  the  balance  might  be  feen ; 
and  to  make  a  demand  of  payment  ?  And  not  without 
doing  either,  thruft  their  hands  into  our  pockets ;  and 
rend  from  thence,  not  only  what  we  owe  them,  but  what 
they  pleafe  :  Not  only  what  we  ought  to  pay,  but  our 
whole  property  ;  nor' that  only,  but  our  liberties  too. 
And  if  afked  wherefore  this  ?  the  anfwer  is,  that  the 
nation  is  indebt,  and  that  we  owe  them.  If  we  owe 
them,  let  them  make  it  appear,  and  the  colonies  will 
pay  them;  that  the  nation  is  in  debt,  needs  no  proof ; 
but  for  what  ?  For  expence  in  war,  and  for  charges 
of  government  in  time  of  peace  ?  Could  thefe  have  ac- 
cumulated—the enormous  fum  of  145,000000,  the  na- 
tional debt  in  A.  D.  1766?  Bribery  and  corruption, 
luxury  and  exorbitant  penfions  multiplied,  might. 

H  "But 


[     5«     3 

But  it  is  time  to  clofe  thefe  enquiries  ;  and  what  may 
we  not  expect,  from  what  is  threatened  and  already- 
done,  that  is  in  the  power  of  parliament  to  do  ? 

Is  not  the  King  of  Great- Britain,  the  vifible  head  of 
the  chriftian  church  in  England  ?  and  by  the  Quebec 
bill,  is  he  not,  as  amply  conltituted  the  head  of  the  ro- 
mifh  church  in  Canada  ?  Have  not  the  Americans,  by 
the  conftitution  of  nature,  as  men,  by  the  constitution 
of  England,  as  Englifhmen,  and  by  the  constitutions  in 
America,  as  colonilts  ;  a  right  of  exemption  from  all 
laws,  that  are  made,  and  taxes  that  are  impofed,  with- 
out their  voice  and  confent  ?  And  from  other  mode  of 
trial,  than  by  their  peers  of  the  vicinity  ? 

And  by  the  late  acts  of  parliament,  are  not  taxes  and 
duties  impofed,  and  laws  enacted  to  bind  them,  not 
only  without,  but  in  which,  they  neither  had  nor  could 
have  any  voice  ?  And  is  not  the  whole  government,  of 
that  ancient  province  of  the  MalTachufetts,  demolifhed 
at  a  blow,  by  an  engine  of  tyranny,  without  being 
fummoned,  heard  or  tried  ?  Are  not  ftrange  and  unui^ 
ual  methods  for  imprifonment,  tranfportation  and  trial, 
introduced  ?  Arbitrary  tribunals  erected,  to  decide  in 
matters  mofl  interesting,  without  the  intervention  of  a 
jury  ?  In  a  word,  are  not  all  our  rights  and  liberties,  na- 
tural, religious  and  civil,  made  a  mark  for  their  arrows, 
and  threatened  to  be  laid  in  the  dull  ?  And  to  compleat 
our  ruin,  are  not  our  harbours  blocked  up  ?■  our  coafts 
lined  with  fleets  ?  our  country  filled  with  armed  troops  ? 
our  towns  facked  ?  inhabitants  plundered  ?  friends 
(laugh tered  ?  our  pleafant  places  defolated  with  fire  and 
fword  ?  all  announced  rebels  ?  our  eftates  declared  for- 
feit •,  and  our  blood  eagerly  panted  for  ?  When  I  think 
of  Bolton,  that  unhappy  capital  •,  what  fhe  once  was, 
and  the  miferablc  captive  Hate,  to  which  me  is  now  re- 
duced, I  am  almoft  ready  to  adopt  the  plaintive  drains 
©f  captive  Ifrael  concerning  her :  "  By  the  rivers  of  Ba~ 

"  bvlon 


[     59     ] 

"  bylon  there  we  fet  down,  yea,  we  wept  when  we  re- 
"  membered  Zion  -9  we  hanged  our  harps  upon  the  wil- 
"  lows,  in  the  midit  thereof,  for  there  they  that  carried 
"  us  captive  and  waited  us,  required  of  us  a  fong  and 
"  mirth,  faying,  fing  us  one  of  the  longs  of  Zion.  How 
"  (hall  we  fing  the  Lord's  fong  in  a  Itrange  land  ?  if  I 
"  forget  'thee  Oh  Jerufalem  !  let  my  right  hand  forget 
"  her  cunning,  if  I  do  not  remember  thee,  let  my  tongue 
"  cleave  to  the  roof  of  my  mouth  •,  if  I  prefer  not  Je- 
"  rufalem,  above  my  chief  joy.  Remember  O  Lord  ! 
M  the  children  of  Edom,  in  the  day  of  Jerufalem,  who 
<e  faid  rafe  it,  rafe  it,    even  to  the  foundation  thereof." 

What  ihall  we  fay,  is  there  any  force  in  lacred  com- 
pacts and  national  conftitutions  ?  any  honour  in  crowned 
heads  ?  any  faith  to  be  put  in  minifters,  the  nobles  and 
great  men  of  the  nation  ?  In  a  word,  is  there  any  fuch 
tiling  as  truth  and  ]uftice  ?  Is  there  not  a  power  above 
lis  ?  and  that  there  is  all  nature  declares;  the  vindicator 
of  right  and  avenger  of  wrong.  To  him  therefore  we 
make  our  lalt  appeal  5  and  to  the  impartial  world,  to 
judge  between  Great-Britain  and  America. 

These  unheard  of  intolerable  calamities,  fpring  not 
of  the  duft,  come  not  caulelefs,  nor  will  they  end  fruit- 
lefs.  They  call  on  the  Americans  for  repentance  towards 
their  maker,  and  vengeance  on  their  adverfaries.  And 
can  it  be  a  crime  to  refill:  ?  Is  it  not  a  duty  we  owe  to 
our  maker,  to  our  country,  to  ourfelves  and  to  pofteri- 
ty  ?  Does  not  the  principle  of  felf-prefervation,  which 
h  implanted  by  the  author  of  nature  in  the  human  breaft, 
(to  operate  inftantaneous  as  the  lightning,  refiftlefa  as 
the  fhatts  of  war,  to  ward  of  impending  danger)  urge 
us  to  the  conflict  ;  add  wings  to  our  fttz^  firmnefs  and 
unanimity  to  our  hearts,  impenatrability  to  our  battali- 
ons, and  under  the  influence  of  ks  mighty  author,  wilt 
it  not  render  fuccefsful  and  glorious  American  arms  ? 
But  it  may  be  laid  that  theAmericans  have  destroyed  the 

tea 


[     Co     ] 

tea  of  the  Eaft-India  company, at  Bofton, which  wasa  vio- 
lation of  private  property,  &  ought  to  be  paid  for.  That 
tea  was  lent  on  the  fame  errand  that  Gageand  his  troops 
,are;  to  effect  by  artifice  what  they  are  now  attempting  by 
iforce.  I  mention  not  Thomas  Hutchinfon,  for  his  crimes 
here,  and  condign  punifhment  hcreafter,without  repent- 
ancc,muft  exceed  all  conception  or  defcription .  Should  the 
BritimparliamcntcaufecargoesoSwine,impregnated  with 
poifon,  to  be  Sent  to  America,  with  orders  to  have  them 
diSperSed  amongft  the  inhabitants  :  and  their  Servants, 
the  miScreants  of  their  power,  mould  obftinate'ly  infift 
on  doing  it,  the  Americans  mull .  deftroy  the  wines* 
which,  by  their  baneful  mixture  would  be  juftly  ob- 
noxious to  deftruction,  or  be  deftroy  ed  by  their  poifcn. 
My  countrymen,  we  have  every  thing  to  fear,  from 
the  malignity,  power  and  cunning  of  our  adversaries. 
Yet,  from  the  juftnefs  of  our  caufe,  the  greatneSs  of 
our  numbers  and  refources,  the  unanimity  of  our  heart?, 
cemented  by  iritereft  and  by  perils  y  the  bravery,  and 
what's  more,  the  defptratcneis  of  our  Spirits  -,  who  think 
not  life  worth  Saving,  when  all  that  is  clear  in  life  is 
gone,  we  have  reafon  to  be  afraid  of  nothing.  For  your 
animation,  hear  the  advice  and  lamentation  of  a  French 
gentleman,  Monfieur  IVIezeray,  over  the  loft  liberties  of 
his  country,  to  an  Englifh  Subject :  u  We  had  once  in 
"  France,  the  Same  happinefs  and  the  Same  privileges, 
"  which  you  now  have.  Outlaws  were  made  by  re- 
"  preSentatives  of  our  own  choofing  *5  therefore  our  mo- 
"  ney  was  not  taken  from  us,  bin  granted  by  us.  Our 
44  Kings,  were  then  Subject  to  the  rules  of  law  and  rea- 
**  fon.  '  Now  alas  !  we  are  miSerable  and  all  is  loft 
<c  Think  nothing  Sir,  too  dear  to  maintain  thefe  preci- 
cc  cious  advantages,  if  ever  there  Should  be  occafion ; 
<c  venture  your  life  and  eftate,  rather  than  baSely  Sub- 
cc  mit  to- that  abjecft  condition:  to  which  you  fee  us  re- 
"  duced."  . 

And 


[    <??     ] 

And  for  your  encouragement,  turn  your  eyes  to  the 
free  dates  df  Holland  and  Switzerland  ;  and  in  them,  as 
in  a  glafs,  fee  America  drugglig  under  intolerable  op- 
preffions  -,  and  with  an  intrepid,  unconquerable  fpirit, 
overlooking  all  danger,  burding  the  bonds,  and  demo- 
liming  the  engines  of  tyranny,  emerging  from  a  fea  of 
calamities,  rifing  fuperior  to  every  obftacie  -y  and  over- 
looking in  time  the  power  and  towering  heights  of  their, 
haughty  oppreffors. 

Since  then  we  are  compelled  to  take  up  the  fword,  in 
the  necefTary  defence  or  our  country,  our  liberties  and 
properties,  ourfelves  and  poderity  :  Let  us  gird  on  the 
harnefs,  having  our  bofoms  mailed,  with  firm  defiance 
of  every  danger  ;  and  with  fixed  determined  purpofe,  to 
part  with  our  liberty  only  with  our  li^es,  engage  in  the 
confiid: ;  arnd  nobly  play  the  man  for  our  country,  the 
cities  and  churches  of  him  that  tranfplanted  and  hitherto 
fuftained  them  •,  thereby  prove  the  truth  of  our  defcent, 
and  demonftrate  to  the  world,  that  the  free  irreprefTable 
fpirit,  that  infpiredthe  breads  and  animated  the  conduct 
of  our  brave  fore-fathers  -,  is  not  degenerated  in  us,  their 
offspring.  With  fair  pretences,  they  invite  us  to  fub- 
mit  our  necks  to  their  yoke  ;  but  with  unheard  of  cru- 
elties and  opprtffions,  they  determine  us,  to  prefer  death 
to  fubmiflson.  Let  none  be  difheartened  from  a  prof- 
peel:  of  the  expence;  though  it  fliould  be  to  the  half,  or 
even  the  whole  of  our  cftates.  Compared  with  the  prize 
at  ftake,  our  liberty,  the  liberty  of  our  country,  of 
mankind,  and  of  millions  yet  unborn,  it  would  be  ligh- 
ter than  the  dud  on  the  balance:  For  if  we  fubmit,adieu 
for  ever  ;  adieu  to  property,  for  liberty  will  be  lod,  our 
only   capacity    of    acquiring    and    holding    property. 

And  what  fliall  I  fay,  of  the  officers  and  foldiers  of  the 
Britifh  army,  who  are  the  appointed  miniders  of  this 
vengeance  on  the  Americans  ?  againd  whom  are  they 
come  forth,  in  hodile  array  ?  Strangers  and  foes  to 

them 


[     62     ] 

"them  and  their  nation  ?  No,  it  is  againft  their  brethren, 
their  fellows  and  companions,  of  their  flefh' and -of  their 
bone-,  members  of  the  fame  nation;  fubjects  of  the  fame 
King  ;  and  entitled  to  the  fame  or  equal  privileges  •,  with 
kindred  blood  in  their  veins,  and  a  pulfe  beating  high 
for  Englifh  liberties.  And  can  their  hearts  be  courage- 
ous, and  their  hands  ftrong,  when  they  level  the  fhaft, 
or  lift  up  the  fpear  againft  thofe,  with  whom  of  late,  fide 
by  fide  and  moulder  to  fhoulder,  in  compacted  battali- 
ons, they  fought,  bled,  and  conquered,  in  defence  of 
the  country,  ami  the  liberries,  they  are  now  fentto  lay 
wafte  and  deftroy.'.  I  appeal  to  their  fenfe  of  honour, 
their  fentiments  of  juftice,  to  their  bowels  of  humanity, 
thofe  tender  feelings  of  fympathy,  thefe  fecial  paflions, 
that  poffcis  and  warm  the  human  heart,  and  are  the 
fpring  of  all  facial  and  public  virtues,  and  let  their 
tongues  utter  the  fentiments  of  their  fouls,  and  Ameri- 
ca will  be  juftified,  they  being  the  judges. 

Methinks  I  hear  the  King,  retired  with  his  hand  up- 
on his  breafr,  in  penfive  folliloquy,  faying  to  himfelf, 
who,  and  what  am  I  ?  A  King,  that  wears  the  crown, 
and  fways  the  fcepter  of  Great-Britain  and  America  •, 
and  though  a  King,  robed  in  royalty,  yet  I  am  a  man, 
my  power  finite,  my  body  mortal,  and  myfelf  account-  ' 
able  to  him,  who  railed  me  to  this  dignity,  that  I  might 
be  his  minifter  for  the  people's  good.  But  Oh  !  what 
tragic  icenes  do  I  behold  ?  One  part  of  my  dominions 
aiming  destruction  againft  the  other,  plunging  their 
fwords  in  the  bofoms,  and  imbruing  their  hands  in  the 
blood  of  their  fellows  and  brethren.  Is  it  poffible,  that 
Britons  fhcuid  become  the  foes  and  affaflins  of  Britons, 
or  their  defendants  ?  My  throne  totters,  my  loins  trem- 
ble, my  kingdom  is  divided  and  torn,  my  heart  ready 
to  fail,  for  the  glory  of  my  reign  is  departing.  What 
can  be  the  caufe  of  thefe  tremenduous  convulfions,  that 
threaten  the  diffoftjtioh  of  my  kingdom  ?  Do  my  fub- 

jects 


[     63     ] 

jecls  in  America,  refufe  to  refign  their  liberties  and  Dro- 
perties,  to  the  difpofal  of  my  iubjects  in  Great-Britain  ? 
And  infill  on  holding  and  enjoying  them  as  their  unali- 
enable rights  ?  Well,  what  will  be  the  mighty  injury 
to  my  crown,  or  to  the  nation,  in  its  wealth,  itrength, 
or  honour,  if  America  mould  enjoy  its  former  freedom? 
"What  will  be  gained  by  reducing  them  to  Hi b million 
and  flavery  ?  lifelefs  carcafes,  a  defolated  country,  mil- 
lions in  wealth,  and  millions  in  ftrehgth  dafhed  at  a 
blow.  Mighty  acqaifition  of  lots.  Should  the  attempt 
be  purfued  and  fail,  America  will  be  loft,  nay  more, 
me  will  becomeGreat-Britain's  determined  enemy.  Have 
not  my  fubjeets  in  Great-Britain  rights  that  arte  facred 
and  inviolable,  and  which  they  would  net  refrgn  but 
with  their  lives  ?  They  have.  Have  not  my  fubjeds  in 
America  rights  equally  facred,  and  of  which  they  are 
and  ought  to  be  equally  tenacious  ?  They  have.  And 
are  not  thofe  rights,  for  which  they  now  fo  earned ly 
contend,  of  that  kind  ?  Certainly  there  is  much  in  fa- 
vour of  their  claim.  What  if  they  are  miitaken  ?  Ought 
they  to  atone  for  their  miftake  by  rivers  of  blood,  and 
the  facrifice  of  themfelves,  their  country  and  their  pos- 
terity ?  but  what,  my  mind  fhudders  and  recoils  at  the 
thought,  what,  if  the  Americans  are  right  ?  Oh  hea- 
ven forgive  !  And  all  this  ghaftly  ruin,  is  owing  to  the 
blunder  of  a  minifter,  and  the  fatal  errors  adopted  by 
parliament.  Of  whom  will  theie  rivers  of  blood  be  re- 
quired ?  What  can  expiate  fqch  accumulated  wrongs  ? 
and  atone  for  fuch  amazing  devaluations  ?  I  am  forely 
diftreifed,  civil  war  rages  within,  foreign  enemies  threa- 
ten without,  the  commerce  of  my  kingdom  languiflieth, 
manufacturers  famifh  and  fail,  anS  ^contentment  is 
almoft  univerfal.  What  (bail  I  do  for  the  dignity  of 
my  crown,   the  peace  of  my  d  and  the  iafety  of 

the  nation  ?  All   is  at  rifle.     I  have  Been  deceived  by 
my  informers^  mifguided  by  my  m  ,  and  by  my 

own 


[     64     ] 

own  inattention  to  the  fufferings,  and  dutiful  petitions  - 
of  my  fubjecls,  reduced  all  to  the  moft  dreadful  hazard. 
For  Britim  troops  ceafe  to  be  glorious, in  fo  inglorious  a 
caufe.     Should  their  fea-ports,  from  Georgia  to  Nova- 
Scotia,  be  defolated  with  fire  and  fword,  it  would  only 
confolidate  their  union,  and  render  more  impregnable 
their  refiftance  in  the  interior  country.     Could    we  dry 
up  their  harbours,  and  bar  every  out-let  to  the  fea,  un- 
lefs  v/e  had  power  to  reflrain  the  mowers  and  the  mines 
of  heaven  •,  and  the  fertility  of  the  earth,  they  will  pof- 
fefs  inexhauftable  refources.    America  muft  and  will  be 
free,  their    anceftors  acquired    it  for  them,  my  royal' 
predeceiTors  guaranteed  it  to  them  •,  it  is  theirs  by.  pur- 
chafe,  it  is  theirs  by  the  plighted  faith  of  Kings  ;  they 
are  defervingof  it  -,  and  with  them  it  flourifheth,  like   a 
plant  of  generous  kind,  in  its  native  foil,  and  the  hea- 
vens are  propitious  to  liberty.     My  legions  muft  be  re- 
called, the  fword  muft  be  fheathed,  the  olive  branch, 
the  fymbol  of  peace  be  held  out  \  for  it  was  never  dc- 
figned  that  Britons,  invinfible  by  others,  mould  con- 
tend with  Britons  or  their  defcendants,  in  battle  ;  and 
royal  munificence  be  exerted,  to  alleviate  the  diftreffes, 
confole  the  miferies,  and  repair  the  injuries,  caufed  by 
the  unhappy    error,  which    let  eternal  darknefs  veil. 
Oh  !   may  the  future  make  reparation  for  the  paft,    my 
crown  fiourifh  in  the  profperity,  liberty,  and  the  happi- 
nels  of  all  my  dominions.     Thus  will  my  reign  become 
glorious,  my  demife  tranquil.     But  alas !  where  am  I 
tranfported  on  the  wings  of  groundlefs  fancy  ?  Repen- 
tance I  fear  is  too  late,  for  crimes  fo  enormous  j  the  in- 
juries are  irreparable,  and  America  is  irretrievably  loft: 
the  thunders  I   prepared,  to   lay  her  breathlefs  at  my 
feet,  have  difcharged  her  of  her  allegiance,  and  driven 
her  forever  from  my  power. 


APPENDIX' 


APPENDIX. 

I^HE  preceeding  pamphlet  was  wrote  fome  time 
part,  and  not  publilhed  fooner  for  want  of  pa- 
per :  The  author  hath  fubjoined  an  appendix,  contain- 
ing fome  thoughts  on  government, '  and  American  in- 
dependance. 

To  confider  things  rightly,  is  to  confider  them  truly 
as  they  are,  wTith  all  their  relations  and  attending  cir- 
cumstances; to  inveftigate  truth,  is  the  highefi  atchieve- 
ment  of  reaibn  ;  and  to  follow  nature,  the  perfection 
of  art.  That  which  is  conformable  to  axioms  of  im- 
mutable truth,  founded  in  reafon,  and  productive  of 
general  fecurity  and  happinefs  to  mankind,  mutt  in  e- 
very  fenfe,  be  denominated  good. 

Civil  fociety,is  allowed  by  all  to  be  the  greatert  tem- 
peral  bleding;  and  civil  government  is  abfolutely  ne- 
cerTaryto  its  fubfiftence;  itisa  temporary  remedy,  againtt  • 
the  ill  effects  of  general  depravity;  and  becaufe  the  in- 
troduction of  moral  evil  has  made  it  nsceffary-,  it  is  not 
therefore  a  neceifary  evil. 

Liberty  confifts  in  a  power  of  acting  under  the  gui- 
dance and  controul  of  reaibn  :   Licentioufnefs  in  acting 
under  the  influence  of  fenfual  paffions,  contrary  to  the 
dictates  of  reafon  ;  whilftwe  contend  for  the  former,  we 
ought  to  bear  testimony  againtt  the  latter  :  And  whilft- 
we point  out  arguments  againfl  the  errors  and  abufes  of 
government,  we  ought  cautioufly  to  diftinguifh  between 
government    and    its    abufes ;   to  amputate   the  latter, 
without  injuring  the  former,  and  not  indifferently  charge 
both;  left  weraife  an  army  of  rebel  fpirits  more  danger- 
ous and  difficult  to  reduce,  than  all  the  legions  of  Britain. 
Government  originates  (under  God)  from  the  people, 
as  from  its  native  fource;  centers  in  them,   their  good 
is  its  ultimate  object;  and  operates  by  fecuring  to  them, 
the  enjoyment  of  their  natural  rights  and  civil  privileges-, 
and  as  the  mode  of  doing  this,  hath  no.prefcribed  form 
in  nature,  or  revelation;  mankind,  at  their  option,  have 
endeavoured  it  varioufly^  and  thereby  given  rife  to  the 

I  various 


r  66  ] 

various  forms  of  government  fubfifling  in  the  world,  as 
monarchy,  ariftocracy,  democracy,  &c.  each  of  thefe 
have  failed  in  their  turns,  through  want  of  integrity,  or 
difcernment,  or  both  in  the  adminiftration,  and  have 
been  alternately  preferred  or  difcarded  by  writers,  not 
io  much  on  account  of  their  own  excellence  or  defects* 
as  of  thofe  who  adminiftered  them.  That  form  of  go- 
vernment that  is  adapted  to  the  genius  and  circum- 
ftances  of  the  governed,  affords  them  the  greateft  fecuri- 
ty,  and  places  the  authority  of  the  governing  moft  out 
of  the  reach  of  the  former,  to  violate  and  contemn,  their 
corruptions  and  abufes  moft  within,  to  prevent  and  re- 
drefs,  is  the  beft.  A  perfect  model  of  civil  government . 
perfectly  adminiftered  and  obeyed*  cannot  be  expected* 
but  in  a  ftate  of  perfection,  where  it  would  be  perfectly 
unneceffary.  That  government  in  ordinary  is  the  beft 
that  is  beft  adminiftered. 

Some  begin  their  government  with  their  political  ex- 
iftence  ,  it  grows  up  with  them-,  the  great  firft  princi- 
ples thereof,  are  never  altered  while  they  continue  a  peo- 
ple, &  become  fo  incorporated  with  their  being,  that  they 
have  the  force  of  natural,  rather  than  political  inftituti- 
ons.  Others,  after  a  century  or  two  have  occafion  to 
alter  and  new  model  their  old  governments*  or  frame 
new  ones  :  This  is  ufually  attended  with  much  difficul- 
ty and  great  danger,  requires  an  extenfive  knowledge  of 
the  genius*  tempers*  circumftances,  fituation,  ancient 
cuftoms,  habits,  laws  and  manners  of  the  people;  and 
great  judgment  and  (kill*  to  adapt  new  regulations  to 
old  ufuages,  fo  as  to  form  a  happy  coalition.  The  Britifh 
nation,  at  the  time  of  forming  their  great  charter  (no 
matter  how  they  became  fo)  confifted  of  a  King,  nobi- 
lity and  commons  :  To  connect  the  ftrength  and  wifdom 
of  thefe,  for  the  public  weal,  without  infringing  or  en- 
dangering the  rights  of  either,  was  their  great  object : 
And  this  was  done  in  the  conftitution  of  parliament,  fo 
far  as  it  concerned  legiflation  and  taxation.     Its  object 

therefore, 


[     6;     ] 

therefore,  was  directly,  political  and  civil  liberty.  All 
offices  were  in  the  gift  of  the  crown  j  and  the  payment 
of  them  in  the  option  of  the  people-,  The  powers  of  go- 
vernment were  fo  balanced,  as  to  render  all,  mutual  re- 
ftraints  upon,  and  mutually  reftrained  by  each  other. 
If  the  people  have  loft  their  liberties,  fuffered  themfelves 
to  be  bought  and  fold,  like  beads  of  burden,  the  fault 
is  theirs  and  their  corrupters,and  not  the  conftitution's, 
which  put  in  their  power  to  have  preferved  them. 

Thus,  the  principles  were  excellent,  altho'  the  prac- 
tice hath  been  moft  perverfe.  Amongft  all  the  forms  of 
civil  government,  none  can  be  pronounced  abfolutely 
beft,  "and  only  relatively  fo  :  For  that  which  bed  fuits 
one  people  would  badly  fuit  another,  or  the  fame,  at  a 
different  period. 

The  ftrength  and  fpring  of  every  free  government,  is 
the  virtue  of  the  people  •,  virtue  grows  on  knowledge, 
and  knowledge  on  education.  -Moft  nations  have  eftab- 
lifhed  a  falfhood  for  their  firft  principle,  viz.  that  their 
Kings  are  perfect  •,  and  the  confequence  of  this,  is  a  fe- 
cond,  that  gives  them  a  licence  to  ferve  the  devil  with 
impunity,  viz.  that  they  can  do  no  wrong  :  Then  follows 
the  moft  impious  afcriptions  of  divine  qualities  and  ti- 
tles to  him  •,  and  to  compleat  the  image,  the  riches  of 
the  nation  are  lavifhed  in  the  magnificence,  coftly  equi- 
page and  dazzling  fplendors  of  their  prince  ^  thereby  to 
build  power  on  mow  -,  and  like  the  formido  avium,  or 
fcare  crow,  derive  refpect  and  obedience  only  from  the 
pafiion  of  fear:  A  multitude  of  criminal  laws,  with  fe- 
vere  penalties  are  neceffary  to  fupport  the  authority  of 
the  rulers,  and  fecure  the  obedience  ofthe  fubjecls  •,  whilfb 
the  fovereign  himfelf,  is  wholly  infecure  in  the  midft  of 
his  fubjects,  without  a  life  guard.  This  is  inverting 
the  order  of  nature  and  of  civil  government  •  and  leav- 
ing the  neceffary  means  of  rendering  mankind  wife,  vir- 
tuous and  good.  Rulers  ought  to  know,  and  be  known 
to  their  fubjedts,  to  be  but  mens  and  the  punifhment  of 

their 


[     6*     ] 

•their  crimes,  to  be  in  proportion  to  their  elevation  in 
power.  Half  the  fum,  employed  to  diffufe  general 
-knowledge  ^  by  creeling  public  feminaries,  with  mat- 
ters well  furnimed  to  teach  children,  not  only  common 
learning,  but  to  inftrucl:  and  imprefs  on  their  young  and 
tender  minds,  the  principles  of  virtue  and  the  rudiments 
of  government,  which  would  grow  up  with  their  growth, 
and  derive  ftrength  from  age  •,  would  be  more  effectual 
than  all  the  brilliancy  of  a  crown,or  tortures  of  a  rack  ; 
this  is  the  only  permanent  foundation  of  a  free  govern- 
ment -,  this  is  laying  the  foundation  in  a  conftitution, 
not  without  or  over,  but  within  the  fubjects  -,  love  and 
not  fear  will  become  the  fprir.g  of  their  obedience  :  the 
ru'fer  be  diftinguifhed,  only  by  his  diftinguifhed  virtues, 
and  know  no  good,  feparate  from  that  of  his  fubjecls  •, 
and  his  authority  be  fupported,more  by  the  virtue  or  the 
people,  than  by  the  terror  of  his  power.  The  only  way 
to  make  men  sood  fubjecls  of  a  rational  and  free  govern- 
ment, is  to  make  them  wife  and  virtuous  •,  but  fuch  a 
o-overnment  as  this  is  utterly  incompatible  with  the  idea 
of  flavery,  becaufe  incompatible  with  a  date  of  ignorance. 
Of     IN  D  E  P  EN  D  A  N  C  E. 

IT  is  with  ftates  as  it  is  with  men,  they  have  their  in^ 
fancy,  their  manhood  and  their  decline:  Nature  hath 
its  courfe  in  all,  and  never  works  in  vain  ;  when  a  peo- 
ple are  ripe  for  any  mighty  change,  means  wont  be 
wanting  to  effect  it.  i  From  what  providence  hath  done 
and  is  doing  ipr  us,  we  muft  learn,  what  is  our  duty  to 
do  -,  for  we  may  only  follow,  where  nature  leads,  and  in 
this  is  infinite  fafety  •  from  fmall,  we  are  become  great, 
from  a  few,  many,  from  feeble,  powerful,  from  poor, 
rich  ;  nature  has  itored  our  country  with  all  neceffaries 
for  fubfiftcnce  in  peace,  and  for  defence  in  war  •,  it  has 
united  our  hearts,  our  interests  and  our  councils,  in  the 
common  caufe. 

Independance   confifts  in  being  under  obligation  to 
acknowledge  no  fuperior  power  on  earth.  The  King  by 

withdrawing; 


'[  %  ] 

withdrawing  his  protection  and  levying  war  upon  us, 
has  difcharged  us  of  our  allegiance,  and  of  all  obligati- 
ons to  obedience :  For  protection  and  fubjection  arc 
mutual,  and  cannot  fubfift  apart :  He  having  violated 
the  compact  on  his  part,  we  of  courfe  are  releafed  from 
ours  ;  andon  the  fame  principles, if  we  owed  any  obedience 
to  parliament  (which  we  did  not)  we  are  wholly  dif- 
charged of  it.  We  are  compelled  to  provide,  not  only 
for  our  own  fubfiftence,  but  for  defence  againft  a  pow- 
erful enemy:  Our  affections  are  weaned  from  Great- 
Britain,  by  fimilar  means  and  almoft  as  miraculeufly  as 
the  Ifraelites  were  from  Egypt*  Thefe  are  facts,  a  fur- 
prifing  concurrence  of  incidents,  equally  out  of  our 
knowledge  to  have  forefeen,  or  our  power  to  have  pre- 
vented, point  us  to  fome  great  event.  Providence  has 
furnifhed  us  with  the  means  •,  the  King,  contrary  to  his 
defign,  hath  difcharged  us  of  our  allegiance  and  forced 
us  from  our  dependance,  and  we  are  become  necefTarily 
independant,  inorder  to  prefervationand  fubfiftence,  and 
this  without  our  act  or  choice.  And  is  it  a  crime  to  be, 
what  we  cant  help  but  be  ?  It  is  not  from  a  rebellious 
fpirit  in  the  Americans,  but  unavoidable  necefllty,  that 
we  are  become  \o:  Like  a  timorous  child  that  is  able  to 
walk  but  difinclined  to  attempt  it,  placed  in  the  middle, 
of  a  floor,  muft  ule  his  legs  or  fall ;  while  the  tender 
parent  that  placed  him  there,ftands  ready  to  lave  him,  if 
likely  to  fall,  nam  qui  tranftiilit  fuftinet,  He  that  tranf- 
planted,  upholds  and  fuftains.  All  Europe,mufr  gaze 
with  wonder,  approbation  and  applaufe  -9  Great-Britain 
join  in  acquitting  us  ;  while  the  tyrant  minifter  (Lord 
North)  in  his  own  bofom  reads  the  ientence  of  his  con- 
demnation, for  condemning  us  :  to  be  where  nature  and 
providence  hath  placed  us,  is  to  be  right,  and  to  do 
what  luch  a  date  points  out  and  requires  to  be  done,  is 
duty.  In  this  fituation  two  objects  of  the  greateft  im- 
portance demand  our  attention,  viz.  defence  and  govern- 
ment -,  thefe  we  ought  diligently  to  attend  to  and  leave 

the 


[     70    ] 

the  event;  and  let  thofe  who  begun  the  war,  be  firft  in 
the  propofals  of  peace  •,  thofe  who  have  refufed  to  heat 
others,  when  they  prayed,  pray  without  being  heard. 
And  fince  parliament  will  have  our  trade,  only  on 
terms  incompatible  with  our  liberty,  permit  them  to 
have  neither-,  welcome  ail  nations  to  our  ports  and  to  a 
participation  of  our  trade,  and  enter  into  alliance  with 
none;  thus,  we  may  enjoy  the  commerce  of  all,  without 
being  concerned  in  the  quarrels  of  any.  Providence  has 
furmfhed  us  with  refources  for  defence  ;  numbers  to 
constitute  armies,  materials  for  conftrucling  a  navy,  for 
makingof  powder,  ball,  cannon,  mortars,  arms,  fee.  and 
all  kinds  of  ordnance  and  military  ilores.  Our  threatened 
fituation  demands,  that  we  immediately  take  every  pre- 
caution, and  ufe  all  the  means  in  our  power  for  our  pre- 
fervat:on&  defence,  and  with  noble  and  valiant  exertions, 
withfland  and  repel  the  attacks  of  tyranny.  Nature  hath 
placed  the  ifland  of  Great-Britain,  and  the  continent  of 
America  fo  diftant  from  each  other,  that  it  is  impoinble 
for  them  to  be  reprefented  in  one  legiflative  body:  The 
confequence  is, that  their  diftant  fituations  are  incompa- 
tible with  their  being  fubjects  to  one  fupreme  legifla- 
ture.  Reprefentation  is  the  feet  on  which  a  free  govern- 
ment ihfnds,  it  ought  therefore  to  be  equal  and  full », 
maim  and  render  partial  the  former,  and  it  will  infalli- 
bly mutilate  the  latter.  The  meafures  of  government 
necefTary  to  be  adopted,  at  prefent,  are  the  fame,  either 
for  a  temporary  or  a  perpetual  expedient. 

The  colonies  havefo  long  fubfifted  feparate  and  in- 
dependant  of  each  other,  enjoyed  their  particular  forms 
of  government,  laws,  cuftoms  and  manners  and  particu- 
lar rules  for  the  regulation  and  diftribution  of  property ; 
that  it  will,  doubtlefs,  be  thought  expedient  for  each  to 
retain  its  ahtient  form  of  government,  laws,  &c.  as  far 
as  poflible  •,  to  have  fupreme  legiflative  and  executive 
powers  of  government  over  allcaufes,  matters  and  things 
within  its  territorial  limits,  and  to  regulate  its  own  inter- 
nal 


[     7*     1 

n-1  police  Thofe  whofe  Governors,  or  other  omccrs,are 
ukenoff  by  the  crown,  to  have  them   elected   by  the 
freemen,  or    appointed  by  their  fevcral   affembues-,  for 
which  purpofe  particular  conftitutions  to  be  framed,  as 
they  mall  deft.  That  a  certain  number  of  delegates  be 
annually  elected  by  the  freemen  in  each  colony,  to  form 
a- general  council  or  congrefs,  whole  power  to  extend  o- 
ver  all   matteis  or  common  and  general  concernment: 
Such  as  making  war  and  peace,  fending  and  receiving 
ambaffadors,  general   regulations   refpeding  trade  and 
maritime  affairs-,  to  decide  all  matters  of  controversy 
between  colony  and  colony,  relative  to  bounds  and  li- 
mits  &c.  &c.ofwhomoneto  be  chofen  presidency  and 
to  continue  in  office  until  another  be  chofen  and  iworn 
And  in  matters  fo  interefting,  as  that  of  making  war  and 
peace,  to  be  a  majority  of  at  lead  two  thirds,  computed 
by  colonies  •,  and  for  carrying  on  a  war  to  have  power  to 
levy  troops  and  provide  for  their  fubfiftence,  &c.  to  have 
an  explicit  conilitution,afcertaining  the  number  of  mem- 
bers the  congrefs  mail  confift  of,  and  that  each  colony 
mall  fend;  containing  regulations  for  convening,  pro* 
roguing  and  adjourning-,  alio  granting,  defining,   and 
limiting  the  powers  they  are  to  have,exercii",  &c.  which 
conftitution  to  be  laid  before  the  feveral  affemblies,  and 
by  them  acceded  to  and  confirmed.    By  fome  luch  me- 
thod the  colonies  may  retain  their  independance  or  each 
other-,  and  all  their  former  ufuages,  laws,  &c.   and  the 
wifdom  and  (Irength  of  each,  be  connected  in  general 
congrefs,  for  the  Security  and  defence  ot  the  whole. 

To  be  reconciled  to  Great-Britain  upon  unjuft  terms, 
is  to  be  reconciled  to  injuftice,  ruin  and  flavery  •,  until 
they  {hall  have  condemned  the  meafures  that  have  beea 
purfued  againft  America,  recalled  their  fleets  and  ar- 
mies, expofed  to  the  pu  lie  eye,  and  condign  pumfh- 
ment,  the  authors  and  advifers  of  the  prelent  unjuit 
and  cruel  war  \  and  have  repaired  the  damage  and  ex- 
pence  caufed  thereby  in  America,  and  given  up  the 
claim  of  power  in  parliament,  to  dominion  over  us,  they 

r.nr.nnt 


f    7*    J 

cannot  expect  that  we  will  treat  with   them    about  f„ 
ure  connecbons.     They  have  endeavourefbv  al"  the 
arts  of  fedu&on,  and  of  power,  to  deftroy  and  enfl  ve 
us  ;  and  now  they  have  lent  commiffioners,  under  ire 
fence  oftreatingwth  the  AmeriranQ    A,-™         I    P 
their  oftenfiblerbut  we  have™ To  ft",^  " 
corrupt  and  deftroy  is  their  real  object .For  with  who£ 
are  they  to  treat .?  With  the   general   C2f   ^ 
it  is ;  ftid,  with  the  feveral  governors  ,  all  of  whom  ex 
cep  tone  or  two,  live,  and  breath,  and  have  theirTe'in" 
n  tne  minifter,  and  are  mov'd  by  him  Jike  the    ,       !' 

tneVVeZn^  V^T  ^  ^    -TS 
tney  are  hung.     They  might  as    well    have  ftaved    ar 

home,  and  treated  with  the  minifter.     But  i'ififi™ 

are  to  treat  with  the  feveral  colon.es.     But  how      thS 

SSf>  tI  a?n0wkdSe  their  independent  of  pat  a 
men    ?  The  fupreme  legiflaturc  of  a  country  only  hath 
power  to  treat  and  be  treated   with  refpecW   Z'r      A 
peace.     The  aft,  6th  Geo.  III.  declar  1st £? h " S 
ment  of  Great-Britain  hath  fttpreme  power  of  leSflaS' 
turnover   the  colonies ;  and  to   eftabliffi   fuch   pC 
the  par hament  ,s  ,n  war  with   America  :   The  Commif 
finers  therefore    cannot,  confident  with   them  Ss  of 
power,  treat  with  any  but  the  Britilh  parliament      By 
lending  Commiffioners  to  treat   with    us.   they  would 
acknowledge  our  power  to  make  a  treaty  s  which  is  ore 
dicable  only  of  independence.  Query  then  whethe   thof 
Commiffioners  are  coming  to  treat  tor  peace    with 
mighty  armament  for  war  ?  In   fine,  thaf  government, 
in  which  the  people  are  fubjed  to  no  laws,  or  taxes,  bu 
by  their  voice  or  confent;  condemned   by  no  fen  ence 
but  by  the  vc-dift  of  their  equals,  wher^  property  " 
near  equally   diftnbuted  ;  crimes   clearly  defined   and 
diftinguiihed,  &  pumftments  duly  proportioned  to  their 
nature  and  magnitude  ;  and  where  the  rifing  generation 
are  umveriahy  inftruded  m  the  prir.ciples  of  virtue   and 
the  rudiments  of  government ;  there  civil  liberty  &  gene- 
ral public  feljcit/.will  flouriffi  in  the  greateft  perfection 
1?        L       Jl i    "  .  v 1 . ' 


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United  States 

Department  of  State 

Library 


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